Family Law Questions? Ask a Family Lawyer Online.
Dear JACUSTOMER - I cannot predict the outcome of any court case so all I can do is provide general information based on the facts I have. The issue is between the parents rights to the child, not the grandmother's or anyone else unless the grandmother has some court order for temporary custody. All of the past facts of the father leaving or abusing the mother can be considered by the court but the abuse of the mother is not abuse of the child.
The father has a right as a parent to seek custody. Whether that is granted will be up to the court and there would not have to be a finding that the mother is unfit, only that it is in the best interests of the child to be in the custody of the father. If the court determines that the mother cannot care for the child then the father is likely to get custody over the grandmother since a parent has superior rights to the child over anyone else.
All you can do at a court hearing is present your case for what is in the best interests of the child through testimony as to the overall situation. The reason the court date is so soon is because of the emergency nature of the no contact order. I always suggest that the parties have an expert witness such as a child psychologist to testify on their behalf in order to present the best possible case for their side of the issue.
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