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Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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I had custody of my grandson years. (State of Va.)No contact

Customer Question

I had custody of my grandson for 11 years. (State of Va.)No contact with other relatives or his parents, maybe once a year. I was living with, and taking care of my mother. She was selling her house and was going to buy another, put it in my name. She got upset (had dementia) gave me eviction notice and I had no where to go. Custody was taken, two months spent with parents. He is now living with grandfather (my ex). He was an A-B student. he is now failing, and is ADHD. His grandfather told him unless his his grades picked up, he could not see his grandmother. I have found a job and a place but am trying to buy a house. My grandson is depressed, wants his grandma. Several lies were told by family. Heresay. My sister is bi-polar, told them I was taking a shower with my grandson. I was washing stuff out of his hair! There was no abuse, nothing substantiated, CPS and social services, nor police did an investigation. Prior to this, my daughter had called in four false reports to CPS. I want my grandson back. What are the chances and what do I do?
Submitted: 7 months ago.
Category: Family Law
Expert:  Olivia Kent replied 7 months ago.

Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you. Did you formally lose custody? I would first consider approaching your ex to see if he would be willing to transfer custody to you. It doesn't sound as if he's handling his grandson very well and he might be willing. If not, you would file a motion with the court for modification of the current custody arrangement - in much the same way you may have gotten custody of your grandson in the past. I would detail exactly what you have detailed here... the change in mood, the change in grades. Also include a copy of your grandson's statement; getting it notarized first would be helpful (and if you have a hearing it would be helpful for the judge to speak to your grandson - he's of the age where a court WOULD typically consult him and ask where he wants to live). Explain what caused you to lose custody in the past (although the court will already know, but providing it in your motion makes it easier on them so that they don't have to struggle to find that information in the record). Also detail what you've done to improve your housing situation, how you're able to support him, and talk about the relationship you've had for nearly his entire life. Courts don't love to bounce children from home to home, but you have VERY strong arguments for why your grandson would do better in your home, rather than elsewhere. I wish you the best of luck with your filing. Please let me know if you need me to clarify anything.



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