So, the court is required by law to favor the parents, but only until they are not. I know that sounds vague or strange, but my point is that at some point, the court may give up on the birthparents, and so custody could remain with a third-party, such as grandparents. That's the good news I guess, but the bad news is you will definitely need an attorney to convince the court that is the point that's been reached. Ultimately the court is supposed to go with a child's best interest, but the burden of proof will rest on whoever it is claiming that the birth parents are not currently fit.
Answered on Jan 20th, 2020 at 9:52 AM