Q: My husband and I have guardianship of our nephew. Started as safety plan day he was born. He is 21 months now. Mother
Hasnt seen him in over a year. Her choice. Father ask to see him approximately every 2 to 3 months now And nofinancial,emotional or physical support by either. Child doesnt really know them. Father now talking about he wants custody. He doesnt have his own place. He just got a job anot sure if hes clean now since he refused the drug treatment offered by dss when case was open. What are his chances in court? Child wont do well emotionally or mentally. We are only parental figures hes known. Only home hes ever known
A: It really depends on what the current custody situation is now (is there a court order granting you custody or is there still just a DSS safety plan) and if the father is a fit parent. At the end of the day based on the amount of time that you have had the child and the substance abuse that you indicated it will be an uphill battle for the father to regain custody of the child. that being said, if taken to court visitation could be modified to give him more time with the child if that is really what he wants. You might consider contacting a local Family Law attorney to see what options you may have. Most offer a low cost consultation fee and can advise you on what you can do to protect the interests of the child.
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