QUESTION

Will a judge grant joint custody between a mother and grandmother?

Asked on May 27th, 2020 on Child Custody - Tennessee
More details to this question:
I lost custody of my daughter in 2013, she's 16 now. She wants my mom ,who has custody now, and I to share custody. I have been in recovery from a drug addiction for 3 years and have stayed out of trouble. I'm a good mom . I receive disability due to an accident three and a half years ago. My husband who shares custody with my mom now abandoned my daughter and I over three years ago and has left the country. My daughter and I live with my mom and dad.
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1 ANSWER

Family Law Attorney serving Nashville, TN at WalshLaw
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I think that it would be possible for a court to grant you joint custody with your mom by agreement. I don't believe that would be a very likely result if it was contested. I think what any lawyer would want to really dig into with you is what exactly the goal is. If you're living in a home with mom, I would think that pretty much your time with the child is not being restricted. if your mom is not discussing decisions with you about your daughter, that might be an issue, but if you're being included, then it seems like you are really already exercising joint custody, even if that's not what the paper says.Especially with a 16-year-old, there is not an agreement, she's liable to be something close to 18 by the time you could fight this in court and go to trial.That takes me back to the beginning; if your mom would agree to redraw the papers so that you and her had joint custody, I think a judge would approve that. If it was some kind of fight, I think either you would have custody or she would have custody, but not both.
Answered on May 28th, 2020 at 7:36 AM

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