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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28005
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My son and his wife along with their under 2 year old lived

Customer Question

My son and his wife along with their under 2 year old
lived with me. My daughter in law moved out leaving her husband and son. Can I help my son fight for custody and keep my grandson here?
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Good evening. I am sorry to hear about what he is going through. Can you please share with me exactly what it is that you would like to do? How would you help him? Has custody been discussed with him and his wife?
Customer: replied 2 years ago.
My son and his son wish to remain here in my home. Where my grandson feels is his home. I keep the baby while my son works and he is with my son his dad during the day. My daughter in law only wanted the baby on Sunday's and Monday's. But now she wants to hire a nanny to keep him at her apartment. I feel that is silliness. I am free . he is with his dad every day except when she has him. So why a nanny ? She's not even home. How is that good for the baby?
Customer: replied 2 years ago.
So far there is no custody . She doesn't even show up when she's supposed to.
I have been here for both of them. It was her idea to move here with me not my son's. 8 months ago
Expert:  FamilyAnswer replied 2 years ago.
Thank you for the additional information. The Judge is always going to act in the best interest of the child. With that being said, if and when you son need to fight for custody of his son and ask the Judge to allow him to remain with you, in your home, you can be present and testify as to your ability to care for the child, when the father is working and not home. A Judge is likely to prefer a grandparent or other relative who is capable of caring for the child over a nanny or babysitter and if anything, the Judge can give you/your son a right of first refusal, in the event that the child is with the mother and she can not personally watch him and the child would have to go to you, before being left with the nanny. The mother would still be entitled to her visitation or custody but you would get the first decision/choice to take him and care for him, if she can not.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 2 years ago.
Did you understand that she left and did not take the baby? But now wants him four days a week with a nanny. Her mother is who wants to have a nanny and pay for it. Her mother lives in another state. My son has been the primary care giver from birth
Expert:  FamilyAnswer replied 2 years ago.
Yes, I completely understood that she did not take the baby. However, if she left and they can not agree on custody, a petition would need to be filed with the court. She has just as much right to the child as he does and if she left, he does not need to just give the child up. However, if she does proceed through the court, then he will have to contest and object to it and the issue IF custody is shared, would then be not allowing her to use a nanny and you caring for the child when she can not. You told me that you want to keep the child in the home and care for him, when your son can not. I shared with you that a Judge would likely prefer a family member care for the child then a nanny and expressed to you that if you can show the ability to care for him when your son is at work, the Judge may give preference instead of leaving him with a nanny.