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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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what are the chances of a paternal grandmother getting custody

Resolved Question:

what are the chances of a paternal grandmother getting custody of her two grandchildren. they are living with their father and girlfriend. their mother has not been in the picture for years, allowed only supervisied visits. the father is abusive physically and emotionally. he is very unstable. has a record of domestic violence with past and current girlfriends. the kids are scared to death of the man. currently he is working with child protective services for things they want him to do. i raised those kids from the time they were one year old to til they were at least five or six.
Submitted: 4 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 4 years ago.
While there is a CPS case, the father would be given the opportunity to complete the CPS requirements. If he is complying with the CPS requirements, it would be difficult to get custody. Now if there is any current evidence of abuse, negligence or other detriment impacting the child's welfare, then you can proceed with with a non-parent custody petition. What controls here is evidence of what you are alleging. So any current circumstances of domestic violence would need to be reported to law enforcement or CPS in order to have evidence to support a non-parent custody suit. A grandparent would have a great chance of getting custody if the children's current environment is detrimental to their welfare, again evidence is key here to establish this.





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Customer: replied 4 years ago.
how would we i know when he is done with the cps orders. he doesnt allow me to talk to the kids and he only talks to me when he is high or drunk or whatever. can i ask cps and they tell me? i only know what he tells me when he calls and rants at me. and he is not a very truthful man.
Expert:  Attorney & Mediator replied 4 years ago.
CPS would only disclose information to the parents or those who were involved in the investigation when CPS was called. So they are not required to disclose information to a grandparent. In general the case worker may have contact with the children. The children should be able to tell you if the case worker is still involved.



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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 2 other Family Law Specialists are ready to help you

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