I need Legal Advice on a Custody Matter?

Question

My father has Custody of my daughter that is almost 3 and if some of you are wondering (...no i did not give him Custody of my daughter he found a Judge that found me unfit b/c My daughter was sick alot)...yea it was a judge that my father knew personaly MY QUESTION IS WHAT ARE MY CHANCES OF GETTING MY DAUGHTER BACK...i know have a 4 mth old daughter that has never been sick a day in her life and is the happiest baby in the world and i want her big sister to be with her......SO PLEASE ANY LEAGL ADVICE THAT YOU CAN PROVIDE WILL HELP...IF ONLY ITS WORDS OF ENCOURGEMENT

Answer 1

Without knowing all the facts & how long he's had her, no one here can give you a remotely likely answer.

Answer 2

Sorry for your frustration. I would suggest that you appeal the judge's decision in the court of appeals in your state as soon as you can. Usually, you have 21 days to file an application for leave to appeal in the appeals courts after the trial judge makes a decision. Some states are different about how you can appeal child custody cases in the appeals courts.

I think the judge was biased based on his relationship between him and your father. The judge should have recused himself. You may have grounds for an appeal based on judicial bias.

Secondly, unless your parental rights were terminated at trial. Your father does not have grandparents rights under a recent US Supreme Court ruling. I'm not for sure what the case name was. However, I do know that the federal courts have ruled in the past that grandparents do not have rights over their grandchildren.

You should consider filing a petition for parental visitation while you appeal the judges decision. I think you can request for visitation rights in family court or circuit court (family division). In the meantime, you should contact an experienced attorney that specializes in child custody cases and appellate cases.

I hope this helps. Good luck

Answer 3

Contact a lawyer and file a petition with the courts to regain custody of your daughter. Also inform him that you do not want the same judge because he is a friend of your father. They may make you take a psych evaluation to assess your competence to raise your children, but unless you are in Texas you should get your child back. If you are in Texas good luck.

Answer 4

Custody determinations are made using the "best interests" of the child standard. That said, the law generally favors the natural parents.

If you want to petition the court to modify the custody order that placed your child with her grandfather, then you need to demonstrate that you are fit to parent the child. If you can do that, your preference as the child's natural mother and the fact that the child would be re-united with a sibling in a good home should carry the day.