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My grandson has lived with me, grandfather, and his mom for…

My grandson has lived...

My grandson has lived with me , grandfather, and his mom for 6 years. father abandoned child and had guardianship removed 4 years ago.he now petitioned for his guardianship back. my grandsons mom moved out so we the grandparents are taking care of him. he hasn't seen child in ^ years. can he get custody since the mom left him with us /

Lawyer's Assistant: Family law varies by state. What state are you in?

Connecticut

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes and I'm trying to get my daughter to move back home

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That my daughter applied for co guardianship to get me on and that's when father showed up

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Answered in 2 minutes by:
10/20/2017
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. The answer is yes - he can try. However just because he filed for it does not mean he would win.

The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the custodian, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

In CT, a grandparent can request formal custody if they can allege a parent-like relationship with the child (see Fish v. Fish). Since the grandchild has been living with you for some time now, someone in your situation can counter-sue for formal custody, and let the Court decide - based on the factors listed above.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 10 months ago
The father hasn't seen the child since he was 4 months old and we've been raising him with my daughter since 6 weeks old. Wouldn't the Court take that into consideration that he abandoned him for 6 years

Absolutely. The Judge should definitely take that into consideration. So someone in your situation wants to argue a parent-like relationship and counter sue for custody.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 10 months ago
My grandson is in a stable home going to school catechism Cub Scouts and this is the only home he's ever known so I can see the dad getting visitation but not seeing the court uproot him from here if he chose to go for full custody. Also he's a complete stranger to him at this point and they want him to go for therapy and then see if they can introduce the father into his life

You want to focus on "best interest of the child," and the factors listed in Conn. Gen. Stat. § 46b-56(c) (and summarized in my original answer) for your argument for custody.

So far, all which you have mentioned seems to help your argument.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely and 87 other Family Law Specialists are ready to help you
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Customer reply replied 10 months ago
If my daughter moved back home that'll show she's taking care of him again and I'm assuming he can just get visitation at that point once he even forms a relationship with the child

Possibly. Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.

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Customer reply replied 10 months ago
Do you feel it's important the mother moves back in the house to show everything's the way it's been for six years?

For your custody request? Not necessarily. In fact, you want to show a parent-like situation, so you want to show that you have taken the place of the parent.

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Customer reply replied 10 months ago
But for him not to be able to take custody away from her I would only go after custody if they took it from her because she's not living home

The child is living with you informally, correct? You want to then "cement" the matter with formal custody. Otherwise, if he wins custody, he can take the child.

So you want to (counter)file for custody. Or the mother wants to. One of you wants to, and then argue that point. I assume you and the mother are on good terms, so you want to decide which of you will fight for custody.

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Customer reply replied 10 months ago
The mother has full guardianship he has nothing at this point so as long as she's been taking care of this child for 6 years I don't see how he could come in after abandoning him for 6 years and try to take anything as a complete stranger

As a father, he has the right to TRY as long as he is still the legal father. But again, remember - just because he tries does not mean he will win.

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Customer reply replied 10 months ago
Probate Court suggested that he'd be a couple guardian with me. What does that really mean for his rights

Dual guardianship - sharing the child.

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Customer reply replied 10 months ago
They said they would add us on with my daughters there be three of us so do her rights change or she still the primary caregiver

It would be unusual to have a three-person guardianship. One of you would still be the primary guardian. Who and to what extent depends on the court.

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