QUESTION
Can I get custody of my grandson, or petition that I have primary custody?
Asked on Nov 08th, 2012 on Child Custody - Alabama
More details to this question:
My grandson (4) and his mother have been living with me since his birth. Dad only got visitation every week at first then was changed to two weeks and we got him one weekend a month. My daughter has a drug problem and I had to take drastic measures and kick her out. She is now seeking help, living elsewhere and is allowed supervised visitation here at the house. I did not try to get custody at the time. He is now with his father who has primary custody. Since then, my grandson's behavior has become very defiant and is stressed to such a degree that he is peeing in his pants, etc. He is afraid of his father and begs to come back to my home. I'm trying to work with father in building a relationship with son but he has no patience and continuously takes all his things from him as punishment and keeps him in his room. The child never smiles when I have taken him there and begs not to go. The father is married with a stepdaughter. Now he says my grandson cannot come over and visit for the weekend because of behavior at school. I realize now, that I should not have trusted him to keep his word. It's all about control with him as always. The change in the situation has become very detrimental to the child's emotional stability and I have fears on how he is treated. Granted he is fed, clothed, and housed but there is so much more that needs to be considered. The father says he will not deal with his behavior anymore. So much for positive reinforcement attempts. I'm stressing about the welfare of my grandson and want him to come back to the only stability he has ever known and that is with his grandfather and me. Do I have a legal leg to stand on?
4 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, you need to meet with an experienced custody/guardianship attorney.
Answered on Jun 13th, 2013 at 12:39 AM
Divorce for Men Attorney serving Nutley, NJ
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The Micklin Law Group, LLC
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In a custody dispute between a natural parent and a third party, such as a grandparent, a presumption exists in favor of the biological parent. That presumption can be rebutted by proof of gross misconduct, abandonment, unfitness, or the existence of exceptional circumstances. Only after that presumption has been rebutted, should the court decide whether awarding custody to the third party would promote the best interests of the child. You should make an application for custody, or at the very least, a visitation schedule, in the superior court, chancery division, family part, in the county in which your grandchild resides.
Answered on Nov 16th, 2012 at 3:03 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File a petition for guardianship of your grandson in probate court.
Answered on Nov 12th, 2012 at 9:05 PM
You can petition for custody, but as you stated in your questions, it can be very difficult. You have to prove that the Father is unfit to have custody of the child in order to take custody from him. You need to meet with an experience family law attorney in your area to see if he or she believes that you have enough to prove your grandson's father unfit.
Answered on Nov 12th, 2012 at 9:03 PM