I signed over custody, not my rights, of my daughter to her grandparents ( my parents) her father is dead. She wants to move in with me. She is 15 and has lived with them since she was 1. I had a drug problem but have been clean for 6 years. I'm in nursing school and my husband has a job. We are renting a 2 bedroom apt and have 2 boys (her younger half brothers). My parents are over religious and are causing her emotional stress because of their religion. What do I need to do to have her live with me
Custody cases are always challenging because of the highly charged and emotional nature of the facts. If the child has been with her grandparents for 14 years and is doing well, the court wants to know what is the "change in circumstances," that warrants modification of the order? Also, what facts led to the grandparents obtaining custody? What is the wording of the existing court order? The law presumes that the best interest of a child is served by living with biological parents. However, that presumption is rebutted, when a parent is divested of custody in favor of a third party (i.e. grandparents). If you relinquished custody and a court finds that your parental presumption has been rebutted, it may be easier for the grandparents to prevail in a custody contest.
If you have lost your parental presumption, you will show the court that a material change in circumstances has occurred since entry of the last order and that modification of that order is in the best interest of the child. You stated that you were previously on drugs but have been cleaned for 6 years. These facts may give rise to a change in circumstances but what other facts do you rely on in support of your changed circumstances? How frequently do you see the child? Do you have visitation rights? If so, have you been exercising those rights during the past 14 years? How would you describe your relationship with the child and her siblings?
Unfortunately, there is no cut and dry answer and I can not offer proper guidance without reviewing the original court order to see what was agreed to by all parties or ordered by the court. Further, what are the facts at this time that lead a court to make a change after all of these years?
I suggest that you confer with an experienced family lawyer in your area to discuss the matter in greater detail. Lawyers charge by the hour, so you need to work out payment details for the initial consultation in advance of scheduling a call to avoid any confusion. Best of luck ~
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