Family Law Questions? Ask a Family Lawyer Online.
Good evening. Do you know why they were given temporary custody? Why do the parents not have it?
Thank you for the additional information. A Judge can modify the custody at this time, based upon the best interest of the child. You would need to show that the child is better off with you, rather then the other grandparents. You would need to present evidence to show you are a better fit then them. Now, if they will not let you see or speak with the child, you can ask for visitation and still allow them to have custody. Since they are represented by counsel, you would need to send any motion to the attorney, after it is filed, so they are on notice and can respond.
A motion would need to be filed with the court. The attorney would get sent a copy of the motion. In the body of the motion, you need to state and show facts that would result in the Judge taking custody away from them and/or giving you visitation.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Since it is her lawyer, the lawyer is going to believe and rely on what she says.
You need to have a reason to gain custody. I completely understand what you stated above but it does not appear that there is any harm, danger or problems with where the child is living. If you had evidence to show the child is not properly cared for, then you could have grounds.
What I am saying is that you need to have a basis to get custody. It has been decided that the child will temporarily live with them. For that to be changed, you need more then just a desire to have the kid, at this point. I know it is not fair or what you want to hear but unless you have a legal basis go gain custody, it is likely to be denied.
Since she will not let you see or speak with the child, you can petition for visitation at least.
I understand and agree with you but just want to be upfront and honest in regard to what must be shown, for you to prevail. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.
Then you need to use and present that to your advantage
Glad to hear back from you. I am happy to still work with you and answer any additional questions which you may have but kindly ask that you rate my help at this time so I can get credit from the site. Thank you for understanding