QUESTION
How can out of state grandparents get custody of their grandchildren?
Asked on Jul 14th, 2015 on Child Custody - Nebraska
More details to this question:
Our grandchildren lived with us for over a year in an informal arrangement with the parents. After returning with parents, they were removed by CPS for neglect, returned and then removed again. They have been placed with my ex husband, a man with a 40 year history of domestic violence but no criminal record. His current wife just left him because she did not want the kids. He works and now has started a photography business which keeps him busy most weekends. I think the babysitter is raising the kids. I would be able to stay home with the kids, which now include a baby. How likely is it that my husband and I could get custody. We both have clean criminal history, have been married 18 years and have stable employment.
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In Wisconsin it is not entirely impossible, but it is very very hard. You would have to show that both parents are truly harmful to the child(ren). This would be an expensive proposition, probably requiring hiring a lawyer (which is a good idea in any court matter) and very likely an private investigator. Consult an experienced matrimonial lawyer in your area for advice and representation or at least to get some idea of how it is done in your neck of the woods and what it might involve in terms of costs.
Answered on Jul 14th, 2015 at 6:20 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You don't say how long the children have been with the grandfather or why they were placed with him instead of you. If the children have been there for an extended period of time and are doing well, the court is unlikely to make a change. If the kids are not doing well, you may have a basis to file a third party custody, although staying home is not going to be a big plus for the court as children in a good daycare tend to do better than kids with a stay at home parent, and you're not the parent. I recommend you get a lawyer to do this for you.
Answered on Jul 14th, 2015 at 1:30 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I am assuming you mean temporarily placed with your former husband. If that is the case, you need to let CPS know you are available and willing and they should then do a background check on you and on your former husband and make a determination based on best interests.
Answered on Jul 14th, 2015 at 1:14 PM