QUESTION
Is it legal for my son to be in the care of his maternal grandmother and why?
Asked on Jun 22nd, 2015 on Child Custody - New York
More details to this question:
I have sole custody of my almost 13 year old son. I got sole custody when he was about 1 and 1/2 years of age. His mother has visitation rights, which she does not often use, or uses on and off. I managed to get custody of my son because his mother left town and left him in the care of my son's grandmother. At this time I had middle of the week visits with him as well has took him every weekend. The grandmother got my son taken out of her custody because she had to go to a mental hospital one night. She lied to the authorities and said I was not in town, that I was in a different state so my son almost went into foster care. My son's mother now picks him up for her bi-weekend visits and drops him off at that same grandmothers house. Is it legal for my child to be in this grandmothers care?
3 ANSWERS
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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The mother can appoint who cares for the child during her custodial time unless the court order says different. If it is not in the best interest of your son or a risk of harm to your son to be with the maternal grandmother, then you would have to go to court and have a judge order a restriction or change in visitation. You should consult with an attorney about such a case.
Answered on Jun 22nd, 2015 at 4:11 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I believe I answered this very question last week. Legal is less to the point that what is in the child's best interest. If the facts you mention can be proven, you have a reasonable case for seeking to change primary placement to yourself. I suggest you consult a family law attorney in your area to see if, and how, this can be done.
Answered on Jun 22nd, 2015 at 3:48 PM
Bruce Provda
The short answer is that if you have sole custody the child should be with you. The next question is was the mother given any custody rights at all, such as residential. It is unlikely if you have sole custody. You need to speak with an attorney.
Answered on Jun 22nd, 2015 at 3:47 PM