Q: Filed a petition for custody of my grandson. What are my chances?
My daughter in law was incarcerated out of state. My son went to retrieve her and my grandsons aunt filed for emergency temporary custody. Son and DIL have joint custody. It was a toxic relationship for 5 years. Mother again was incarcerated in NY. Sole custody was granted 2 months ago. I just found out and filed for custody. Aunt will not let me spend time with child. My text messages go unanswered asking to call child to talk.
The temporary order was only to be in place until my son got established with a job and stable housing.. Aunt filed for sole custody and was granted on June 30th 2023. I have an established relationship with my grandson and not being a part of his life due to in law family preventing to maintain a relationship with me.. What are my chances of custody as I believe its in the best interest of the child to be with his whole family, financially stable as well as get him into counseling due to his family structure without his parents involved. He is 5 yrs
A: Critical missing information concerns which state granted the joint custody, and did it still have jurisdiction when a court, if different, granted the aunt temporary custody. That court subsequently granted sole custody to the aunt according to you. You then filed for custody after that. Your son is the one who had the strongest and default position of becoming the custodial parent while DIL was incarcerated. Why that did not happen is unclear. Then the court determined emergency custody to the aunt was necessary. Again, why the aunt was then granted sole custody is unknown. The father must have been found unfit or didn't want the child or ignored the proceedings. There are too many unknown facts to determine whether you will now be granted custody by the court. You are overdue to consult with a family law attorney who must review all these facts in detail and prescribe a course of action for you.
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