A guy i'm dating is having a custody issue w/his 22 mo old. The mom (who's absolutely nuts...like in rehab, DWI, stole from him, etc) lives in MN which is where the baby was born. The mom was so out of control that its actually the father (who lives in WI) and the paternal grandparents who have custody, no other formal agreements were signed. Right now they're on 3 week rotations. However, the grandparents said that the dad would see him less once winter comes. I know we live in a world where everything is in favor of the mom but I think this is a case where the mom is clearly out of control. What rights do the grandparents have? Are they equal or superior to the dad? Can the grandparents control visitation? What about the fact that state lines are being crossed?
2006-10-06 06:48:59 · 4 answers · asked by Kyppa 1 in Family & Relationships ➔ Other - Family & Relationships
I'll do the best i can, because im an atty in NYC.
Here, grandparents can NEVER claim custody over the rights of a biological parent.
I would have your boyfriend (if he wants custody) to do a petition with Court to have custody transferred solely to him. Get affidavits from other people showing why he's the better custodian, and let the mother try to show why she's better (which she wont be able to do because of her DWIs and rehab you mentioned).
"The best interests of the child" are the key words in any petition for custody.
Hope this helps. Good luck.
2006-10-06 06:53:17 · answer #1 · answered by JusticeManEsq 5 · 0⤊ 0⤋
he needs to take the mother and grandparents to court.. have it on court papers for custody.. Im a mom and i know.. I had to take my ex to court a few times.. I dont have the same situation as u, but taking them to court will be the best thing to do...
2006-10-06 06:56:28 · answer #2 · answered by blue eyes 3 · 0⤊ 0⤋
State strains don't have something to do with it. He unfortunatly has to bypass decrease back to courtroom and get the visitation contract replaced. He might have greater controle being the daddy if he the place to choose for custody and enable the grandparents have visitation. however the only thank you to alter something is to bypass to courtroom.
2016-12-13 03:21:16 · answer #3 · answered by lacy 4 · 0⤊ 0⤋
yes but you have to DEFINE EXACTLY what they want and why and make a big presentation out of it with proof..wouldn't be aproblem, no judge wants to be responsible for a woman who can turn into a Andrea Yates or somthn
2006-10-06 06:54:07 · answer #4 · answered by harmonieclark 4 · 0⤊ 0⤋