Any third party (including a Grandparent) has to show either parental unfitness or exceptional circumstances before a third party can obtain custody. Unfortunately, this is often difficult to prove. However, physical abuse and drug abuse are both factors that a court will consider in determining whether the parties are unfit or there are sufficient exceptional circumstances justifying a custody award to a non-parent. The court will consider what schedule would be in the minor child's best interest if you meet that burden. You should consult with an attorney who has experience in such matters to determine whether the facts of your case are sufficient to pursue a complaint for custody.
Answered on Jun 21st, 2012 at 4:55 PM