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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17888
Experience:  B.A.; M.B.A.; J.D.
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I live in Ohio and have had custody of my 5 grandchildren for

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I live in Ohio and have had custody of my 5 grandchildren for 7 years because of my daughters drug addictions. She is now sober and in college. Does she have a strong case in getting custody of these children after being gone for so many years? How strong is her case if she is sober and employed?
Do you have legal custody of the children or did she just leave the kids with you voluntarily?
Customer: replied 6 years ago.
I have legal custody of the children. The three youngest children I have had custody of since birth. One of the children she got up and walked out of the hospital abandoning her 1 hour after giving birth
Customer: replied 6 years ago.
Attorney Phillips, are you still working on the answer to my question? I received a notice that you had responded but I do not see a response.

Thank you for the additional information.

Your questions: I live in Ohio and have had custody of my 5 grandchildren for 7 years because of my daughters drug addictions. She is now sober and in college. Does she have a strong case in getting custody of these children after being gone for so many years?

Response 1: Generally, the Court would give second chance to a mother to reunite with her children after the mother has gotten her acts together. However, the Court must be persuaded that there is no likelihood that the mother would go back to her bad self and jeopardize the welfare of the children. The Court would make decision about returning custody to the mother based on what is in the best interests of the children by looking at the living arrangement of the mother, her lifestyle, her association, parenting skills, and education opportunity for the children, etc. If the Court finds that it would be in the best interests of the child for the mother to have custody, the Court would rule in her favor. Otherwise, things would remain status quo and you would retain custody.

How strong is her case if she is sober and employed?

Response 2: Not a very strong case in my opinion. Even if she is now sober and employed, the fact that she is also in college may not bode well for her. The issue would then center on how she would be able to care for the children when she is at work and also going to school. Would the pressure be too much for her? Would should walk out on the children again just like she did when she gave birth? Also, the fact that she does not really have any connections with these children do not bode well for her chances. You have had these kids for seven years now and three of them since birth. The most she can hope for in this instance would be reasonable visitation with the kids. It is more than likely that custody would remain with you based on your narrative here.

Thank you for the additional information.

Your questions: I live in Ohio and have had custody of my 5 grandchildren for 7 years because of my daughters drug addictions. She is now sober and in college. Does she have a strong case in getting custody of these children after being gone for so many years?

Response 1: Generally, the Court would give second chance to a mother to reunite with her children after the mother has gotten her acts together. However, the Court must be persuaded that there is no likelihood that the mother would go back to her bad self and jeopardize the welfare of the children. The Court would make decision about returning custody to the mother based on what is in the best interests of the children by looking at the living arrangement of the mother, her lifestyle, her association, parenting skills, and education opportunity for the children, etc. If the Court finds that it would be in the best interests of the child for the mother to have custody, the Court would rule in her favor. Otherwise, things would remain status quo and you would retain custody.

How strong is her case if she is sober and employed?

Response 2: Not a very strong case in my opinion. Even if she is now sober and employed, the fact that she is also in college may not bode well for her. The issue would then center on how she would be able to care for the children when she is at work and also going to school. Would the pressure be too much for her? Would should walk out on the children again just like she did when she gave birth? Also, the fact that she does not really have any connections with these children do not bode well for her chances. You have had these kids for seven years now and three of them since birth. The most she can hope for in this instance would be reasonable visitation with the kids. It is more than likely that custody would remain with you based on your narrative here.

Customer: replied 6 years ago.
Thank you so much for your answer. It has always been my prayers that my daughter clean her act up and get sober, but I have had these children for so long they are now more "my children" than grandchildren. Her retaining custody in court would be devasting to not only me but the children as well. Does the fact that she has never paid a single dime in child support ever count against her, as well as the fact that only in the past three months she has started to have telephone contact with them. Before that the kids were lucky to only hear from 2 maybe 3 times a year?
Thank you so much for your answer. It has always been my prayers that my daughter clean her act up and get sober, but I have had these children for so long they are now more "my children" than grandchildren. Her retaining custody in court would be devasting to not only me but the children as well. Does the fact that she has never paid a single dime in child support ever count against her,

Response 1: Not really. Child support and custody are two different things. The children do not have anything to do with their mother not paying to care for them and should not be prevented from making contact or establishing a relationship with their mother because of it.

as well as the fact that only in the past three months she has started to have telephone contact with them. Before that the kids were lucky to only hear from 2 maybe 3 times a year?


Response 2: Yes, this would definitely count against her because it shows how interested that she has been in the children--it shows how little interest she has had in the children.

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