Grandma has unauthorized custody of my 17 year old


#1

My 17 year old daughter has been seeing a mental health professional for O.D.D.(Oppositional Defiance Disorder) like behavior for a couple months and was placed in a residential treatment facility for two weeks and removed by my wife and I because we felt that was more harmful to her than helpful. We got a terrible Christmas gift when we vistited my wifes mothers house on Christmas day and attempted to get my 17 year old to leave with us and was prevented by my wifes mother, sister, and sisters boyfriend. My daughter refuses to leave with us so the sheriff said we can do nothing because she is not being treatened and she is 17 1/2. Oppositional Defiance Disorder characteristics is to defy authority, rules, and there enforcment. My mother-in-law and her conspirators are all giving my daughter exactly what she wants which is no rules, no accountability. We are livid over this with all parties as you might expect and DO WANT the three of them to pay dearly for butting in where they do not belong or know the whole picture and also want our daughter to continue getting treatment.

I need answers on what we can do ASAP.


#2

I hate to say it, but there is not much you can do, other than perhaps attempting to have your daughter committed to a facility for her mental health issues. Her age will prevent you from having a custody issue presented to family court, as she is so close to the age of majority.


#3

We know have a no-contact restraining order on grandma and aunt and the sheriff was involved last night in us trying to retake possession of our daughter last night. We are working through my daughters mental health therapist on one side and using the crisis intervention officer at the sherriffs office on the other side.

I want to know if I can pursue damages in civil court against the adults who caused this situation to escalate into preventing my wife and I from taking our daughter home with us and trying to keep her from us. We tell our children that each action has consequences and I do not feel that allowing these family members to get off scott free over this and getting my daughter is right. Excuse me for saying so but “how dare they!”. The pure audacity of their actions is mind-blowing.

I have a court date on 1/4 on the restraining orders. I am interested in your response so I can make some informed choices.


#4

I only practice domestic law and do not handle civil claims for tortuous actions so I cannot advise you fully on your rights of recourse against these folks. I would suggest you contact an attorney who specializes in handling civil litigation.