If the mother pastes away can the father be given full custody of his son in court against the grandparents?

Question

my son's mother past away, I am fighting the grandparents for custody I have a house a wife and a good job is there anyway I will lose my custody battle.

Answer 1

I would think you have a strong case, if you have proof of fatherhood and a record of being present in the son's life.

But I'm not an expert.

This situation must be very distressing. Good luck. God bless you all.

Answer 2

How old is he? Have you asked him where he wants to go? Does your son know you? Did you pay child support? Would living with you be like living with a total stranger? What's best for him is what you have to focus on 100%. If he doesn't know you at all, and he knows his grandparents,it might be less traumatic for HIM if he lives with them. I take it this is their daughters child, and all they have left of her so they will fight. It's bad enough that he lost his mother, who I assume he lived with, so he should be allowed to make a decision if he's old enough. If you, or your current wife, have any past criminal, mental health or substance abuse issues that could be brought up and that's just about the only way you could lose him. They usually give prefernce to the natural parents, but the mother's parents have a good chance as well if the child already has an established relationship and the father has been absent. Remember though, the grandparents still have rights, and can sue for visitation either way. Also, if the mother left a will saying she wanted full custody to be passed to the grandparents, you might have a problem. Are you on bad terms with them? Just do what's best for your son no matter what.

Answer 3

The courts will ALWAYS consider selecting biological parents over any other. The key word here is consider. However, here's a couple of things the court will put foremost in their consideration:

1) Why do you not have custody now? If this is due to a bad history of abuse (alchohal, drug, emotional, sexual, etc.) then it could certainly be deemed better to put the children where these issues are not present.
2) Have you been there for your kids? This is not in a financial context but one of parental support. If you have not been a large part of their lives then this can certainly weigh against you. Do you always pick up the kids when it is your time for them according to the decree? Have you been there for their special days such as school or sports events and other extracurricular activies?
3) Time with you compared to time with GP? If the kids have spent more time with the GPs than with you and the kids are still young ( <5 ) then the courts could weight that against you. Especially if this was a situation that was controllable by you and you did not take advantag of more time with them.
4) Age of the children. In Texas.. at age nine the courts can ask and will consider the opinions of the children. At age 12 the courts will STRONGLY concider the opinions of the kids. If they are age 9 or above... how will they respond when asked?

While is in uphill battle for the GPs to get custody, they obviously feel there is a need for them to fight this battle so therefore, they are going to find anything and everything to persuade the judge. You should do the same.

Hope this helps and good luck!

Answer 4

Depends on a couple things. Are you on the birth certificate as the father? Did the mother have a will stating other wishes?

Usually the courts will send the child to the other parent after the death of one unless the parent is deemed unfit. Likely, as long as it has already been legally determined that you are the father, the grandparents would have to go a long way to prove you are an unfit father to get custody of your son.

Answer 5

Well, if you don't have any criminal record or anything like that, you are pretty guaranteed to gain custody of your child. I am assuming you are a fit parent and an upstanding citizen. Why are the grandparents fighting for custody in the first place? Are you the kind of guy who would allow the child to lose touch with his mothers side of the family??? I sure hope not!

Answer 6

i think that they usually give custody to the remaining parent. That is unless they can prove you to be neglectful or abusive. What I would do is offer the grandparents a set visitation schedule, and keep your cool throughout the entire ordeal, really prove to the judge that you are level headed and responsible, offering them a schedule, such as half the summer and doing every other holiday. One year you get Christmas and one year they do. It will show that you are trying to do your best by everyone, and that you recognize the importance of your son having his grandparents in his life. Not to mention that they are a very real world link to his mother, whom he probably misses very much.

Answer 7

No as long as your life is straight you should have no problem getting custody all though they have grandparents rights and visitation rights you can't take that away from them. But you better get yourself a lawyer and start the battle now...good luck

Answer 8

In most any State.., yeah! The grand parents ,if they have an established relationship, do have a chance if they prove that for the child's over-all welfare,that they can attend and nurture the child better.
I will not speculate the 'fitness" of either party , at this point.., but the parent will usually gain custody even before any secondary relative.

DUDE.., if you are the better party.., BEST OF LUCK!

Answer 9

The father always get costody of the kidsunless he signs a paper for them to go to their grandparents. Good Luck and Best Wishes

Answer 10

They will find any little thing to prove that you are an unfit parent. Make sure all of your bases are covered or the grandparents definitely have a chance.