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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19109
Experience:  B.A.; M.B.A.; J.D.
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My son never married my Grandson's mother. Child was conceived

Customer Question

My son never married my Grandson's mother. Child was conceived and born in Indiana. Child lives with mother, although my son his father pays child support faithfully, he has been absent most of Grandson's life since the age of two. We have summer visitation and every other Christmas. Child is high functioning autistic (we've been told). As far as we can tell it appears that he is allowed to play games on computers, tablet, Wii, and watch TV whenever he wants for as long as he wants (mom put T.V. in room recently), which I feel is hurting his ability to grow and function as a normal 8 year old child, he has no social skills. he is overweight, has a temper, and tires easily. I took him to the park and he didn't want to play he wanted to go back to the house and play video games or computer games. If his Grandfather and I wanted to go to court to file for custody would there be a basis to do so? His Mom is very good to let us (his Grandparents) have him in the Summer and every other Christmas, but we feel he is being shortchanged currently and want more for him, but are not sure we would have a chance at getting custody and he loves his mom and we don't want to cause him any issues. If he is better off where he is at that is what we will accept and abide by, however we are worried that eventually he will become to much for his mom to handle and at that time I am not sure to retired grandparents will be equipped to handle the situation but we are willing for his good to attempt it.
Submitted: 2 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 years ago.
Unless that you can show that the mother is an unfit parent, the Court is not going to take custody away from the mother and give it to you. You have to show that the mother's living arrangement is not in the child's best interest and ask that the Court remove the child from his mother's custody. Based on the information that you have provided here, it is unlikely that the Court would change custody.

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