Q: Durable physical and legal custody and non custodial, non visitian parent rights. Are there any rights afforded ?
My wife and I were granted durable physical and legal custody of our grandson after 13 months during which the father died of an overdose and the mother failed the courts instruction in every way. There was no visitian granted but parental rights were not terminated. What rights does the parent have and what should our next move be? The child is three and barely shows any recognition of the mother.
A: It really depends on what your endgame is. If you want custody over your grandson, then you will need to petition the chancery court, and show that it is in your grandson's best interest that you be granted custody. I'm assuming, though, that this is a youth court matter, which has quite a few different loopholes to jump through in order to coordinate a custody modification in chancery court.
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