I am wondering what to do. My daughter and her husband are getting a divorce. They have a 2 year old daughter. My son-in-law is an only child and the only grandchild. He was basically raised by his grandmother who is very controlling and gets her way. She has always been telling my daughter and her husband how to raise their daughter. They recently bought a house and things were not good between them before that. When they moved in his family changed the locks and her husband never gave her a key to the house, would lock the door and not let her in if she didn't get home right after work. One night she came home and her things were in the garage and in the front yard and the door was locked. She took them and left but he wouldn't let her take her daughter. She ended up keeping her daughter when he let my daughter see her. She filed a temporary restraning order because there had been some physical abuse and she was scared of what he might do. There was a lot of verbal abuse and he almost had my daughter believing she wasn't capable of taking care of her daughter. Anyway in the meantime he filed for divorce and custody. He found some pictures of my daughter drinking beer with some minors on the internet. She was stupid for doing that and she knows it was a mistake. He won custody but she got the house for now but refuses to leave saying they have appealed. My daughter has received no papers stating this. The local sheriff won't make him leave. In the meantime my other daughter was able to get into his email account and found some pictures of naked girls (they look to be underage but you can't always tell). My daugher said he was always looking at pornography on the internet. My daugher kicked the front door in at the house when he wouldn't give her a key and hid the computer in the garage because she didn't want to take from the property. A deputy came and she said she did it. She showed him the pictures and asked that the computer be taken as evidence which they did. They were going to arrest her for breaking and entering but didn't. What is really bizarre is his great aunt wants to raise my granddaughter (she was never able to have kids and her husband left her because of this and she is now living with a guy) and his grandmother wants that also. She had pretty much taken him from his mother and raised him saying her daughter wasn't capable of raising him. I know this because we live in a small town and I have known them for over 30 years. His lawyer had him sounding like he was the father of the year and my daugher as a cheating crazy wife. She has legal aid because we don't have money and they are pretty much worthless. His family has money and they are paying for his lawyer. I am wondering if we can have my granddaughter removed and custody given to me and my husband for now since they found the pornography. We don't know for sure why she wasn't given custody if it was because of the pictures or what his family said. It's the weekend now and she will have to wait until Monday to try to get hold of her lawyer. We know they lied in their affadavits but haven't seen them. She was suppose to get copies of them a week ago but still hasn't. We are pretty sure his aunt has my granddaughter now and we know she won't be abused but still this isn't right.

Okay... I think I picked out the questions.

Pornography, while vile, is not illegal. Therefore, it is legally permissable to possess pictures of naked adults doing what naked adults do unless local laws are violated. Just possessing porn is not enought to declare someone a bad parent... or the subscription list to Playboy would be used to declare fathers unfit.

Second, have your daughter beg, borrow or steal the money to get a real attorney. Not only does she have custody of the house and child until a court says differently, but she has a legal right to know where and who is taking care of the child right now.

I don't care if there is an appeal. If the last decision gave custody to your daughter, then she has custody until another court says she doesn't. The ex-husband does not get to choose under what conditions or in what timeframe he adheres to a court ordered standard of behavior.

He is blowing smoke at your daughter, and she is buying it. I would bet you a dollar that there is no appeal... he is just saying that so that your daughter will back down.

Get the copies of the affidavits currently in effect, take them to your new lawyer, and he/she will take them to the police. You then ride with the police and collect your daughter and throw the bum out of the house.

Wait a minute.

In rereading the post (sorry, it was confusing), your daughter does not have custody.

Therefore, the police will not have her get custody until a court tells them to.

I don't think that pornagraphy is a legal reason to lose custody, unless it is porn with young children. The picture of your daughter drinking with minors was much more damaging than a man looking at porn on the internet (which is not illegal). No, you can not get custody of your grandchild, unless you fight the courts for it, but I do not see anything yet, that you have mentioned, that would be grounds to win. If the courts were aware of the restraining order, and still granted him custody, then they felt that the abuse was not enough to put the granddaughter in jeapordy. I am not siding with this man, I promise, and there is probably so much I do not know about all of this, so my advice, is to sell a car if you have to, or take out a loan, but GET A LAWYER!! It sounds like if you do not, the legal aid lawyer will not be much help in fighting his high priced lawyer! Are there several legal aid lawyers? Can you fire this one, and get another one, or is he/she the only one that works for the legal aid clinic??

Wait a minute.

In rereading the post (sorry, it was confusing), your daughter does not have custody.

Therefore, the police will not have her get custody until a court tells them to.

I wonder why the police did not enforce the court order for him to vacate the house?? Poster, I would go to the judge that said you get the house, and let him know that he is refusing to leave, he may be found in contempt and thrown in jail by the judge, if he refuses to leave. Take the police report of you trying to get the police to make him leave, with you to court.

Small towns are interesting organisms.

I would use the state police in this instance.

Thanks for the answers. She will try to get hold of her attorney Monday and see what she says. We are going to try to get her a lawyer though and figure someway to pay for it. In the pictures we found the girl looked to be underage but you can't always tell. It was enough for the deputy and investigator to take the computer though so we are hoping they will find something. We though about calling the state police and probably will.

Thanks for the answers. She will try to get hold of her attorney Monday and see what she says. We are going to try to get her a lawyer though and figure someway to pay for it. In the pictures we found the girl looked to be underage but you can't always tell. It was enough for the deputy and investigator to take the computer though so we are hoping they will find something. We though about calling the state police and probably will.

Keep us posted.