My ex-wife has died. She and I had joint custody of my daughter, with physical custody being with her. My ex-wife died May 28. Since that time, my daughter has been living with her maternal grandmother. There had been some issues in trying to see my daughter in the days following my ex's death, but i thought it was improving. Then today i received a text from the grandmother, stating her intent to file for joint custody.
Mr. Darby, I am sorry for your recent loss. The short answer is, "yes." The grandparents can file for joint custody. However, the mere filing does not guarantee that the grandparents will prevail on the merits of the case. Due to the complex nature of third-party custody disputes, I suggest that you consult with an experienced family lawyer in your area to discuss this matter in greater details.
Best of luck~
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