My daughters dad died in a terrible accident and was killed. Now his mother is trying to fight me for custody. What are the chances she will get her?
2006-11-02 06:13:39 · 19 answers · asked by meesha_112 2 in Family & Relationships ➔ Family
She is just grieving for her son & trying to hold onto a piece of him. If you are a good mother nobody can take your child away from you just because they want it.
2006-11-02 06:16:13 · answer #1 · answered by Michelle *The Truth Hurts 6 · 1⤊ 0⤋
You are actually in luck. Several years ago the Supreme Court ruled that grandparents have no real rights. She has no more right to your child than I do. If she is going to pursue custody, she has to prove you unfit. She has to prove that you are endangering or neglecting your child. Any attorney worth his salt will discourge her from fighting you. In an attempt to stop things before they really begin, perhaps you should offer her some standard custody. Agree to let her see your daughter one weekend out of each month. Understand, you are not obligated to do this; however, if you do she might not be compelled to fight for full custody.
If she does fight for custody, be prepared. You will be drug through the mud. Make sure you have a steady job, a steady residence. Make sure you can pass a drug test. Do not give her any weapons. I don't know that age of your child; however, if she is of school age, make sure she doesn't miss an exsessive amount of days. Make sure you have update medical records showing that you are up to date on all immunizations. I don't know how long ago the accident was; however, if you are in a place where you now have a bodyfriend, make sure you use reasonable precautions around your child.
This woman has an uphill battle all the way. It would be to her benefit to let it go now. Just hug your little girl, tell her you love her and be a good mom. If you do those things, then you have nothing to worry about. Good luck...
2006-11-02 06:21:24 · answer #2 · answered by Mom of 3 3 · 0⤊ 0⤋
If your mother-in-law is trying to get custody of your daughter, she first has to prove that you are an unfit mother, or that she can offer the child a more stable way of life than you can. You're the only one who knows the answer to that.
It's a shame that you can't work together, to ensure that your daughter has as good a life as possible under those very tragic circumstances, so whatever happens, try not to get into a vicous battle, or indulge in name-calling or any of that other stuff. She is still the child's grandmother, and you want to keep her in your daughter's life as much as you can. Could you offer visitation? Let her have the little girl visit once a month or something of that sort?
You don't really give very many details -- how old is your daughter, is she in daycare, how old are you, do you work, can you support your daughter etc.etc. so it's really impossible to say what the outcome might be of a custody challenge.
My condolences to you.
2006-11-02 06:19:19 · answer #3 · answered by old lady 7 · 0⤊ 0⤋
Well you have a chance just like anyone else. Why would you want to fight the mother for custody? Did the father have custody of the child? You would have to proof the regular criteria: how suitable are you, are you physically able to do for the child, how long have you been taking care of the child, and if the kids are at a certain age they can testify on your behalf if they do want to be taken care of by you. Family court is really a nasty situation to go through because the children are in the middle and who they go with will determine THEIR fate, but it's in the judge's hands as to who they will go to, so it's a 50/50 for the both of you. But if you've been taking care of them for so long, then you have a good chance. I think that's noble of you to fight for custody of your grandbabies. Just get a good lawyer that you can afford and have some paperwork and receipts and testimonies and witnesses ready to testify that you're the better parent for your grandchildren. Good luck.
2006-11-02 06:35:08 · answer #4 · answered by Dr. PHILlis (in training) 5 · 0⤊ 0⤋
Unless she can prove very strongly that you are an unfit mother and that the child is either being physically or emotionally abused, neglected or in danger by remaining with you....she hasn't got a snowballs chance in h-ll of getting custody. Stand yoour ground and make sure all your p's and q's are in order, and don't do battle with her over this issue. Why is she wanting to gain custody? If she is afraid you will not let the child be a part of her life, reassure her that that is not the case and that she will always be her grandma.
2006-11-02 12:06:22 · answer #5 · answered by lildragonlexi 4 · 0⤊ 0⤋
I believe the only way the grandmother will gain custody, is if she has solid evidence that you are an unfit mother!!
IF she has evidence, if I were you, I'd be cleaning up my act, and have proof that you are trying.
IF your a great mom, and have NO bad things about you, then I doubt very much she will get custody.
Most professionals, if their doing their jobs right, know that a child thrives in a healthy home. IF they take your children for no reason, the proffessionals are causeing alot of pain to your children. IF that happens, sue the pants off of them.
2006-11-02 06:37:24 · answer #6 · answered by peggin_beast 6 · 0⤊ 0⤋
Generally speaking, you should have custody of your daughter since you are her biological parent.
If your daughter's father had custody of her before his death, there may be legal proceedings to go through to reestablish custody, but unless you either forfeited or lost your parental rights, there is very little chance her grandmother will gain custody of your daughter.
The grandmother would have to prove that you are an unfit mother and that living with you would do her more harm than good.
In that case, your parents may have more legal standing that paternal grandparents.
Check out: http://family-law.freeadvice.com/child_custody/688/ . One of, I am sure, many questions asked about grandparents' rights in custody cases.
Unless you are a really poor parent, you are 'safe.'
2006-11-02 06:49:15 · answer #7 · answered by ? 2 · 0⤊ 0⤋
As long as you are a good mother her chances are zero. The court prefers the child with the birth parents. Grandparents only win custody when a parent is neglectful of the child's needs. The needs of the child is most important.
2006-11-02 06:18:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋
None unless she can prove you unfit. Never leave your child alone for any reason not even five seconds to run and pay for gas. Always provide for your daughter in healthy ways. Clean house, good hygiene, no dangerous characters in her life e.g boyfriends who have a drug habits or bad job status. Never ever leave the girl in Grandma's care. She can claim abandonment and it is her word against yours. It is not impossible for her to gain custody. She just has to show just cause.
2006-11-02 06:19:36 · answer #9 · answered by curiosity 4 · 0⤊ 0⤋
Well, I've seen it happen before. But the parents were no good bums who didn't deserve the child and both parents were alive of course. But if you're a good parent and you love your daughter I believe you should have her. But I don't know the situation so I'll leave it at that...
2006-11-02 06:19:11 · answer #10 · answered by Ghurricane87 4 · 0⤊ 0⤋