Monday, October 24, 2011

Child Custody Case-Will I Win or Lose?

Will my daughter lose her son?

My 17 yr old daughter has an 11 month old son with a 16 yr old boy. My daughter and her son live in my home and my grandson has lived here since he was born. The father is now taking my daughter to court for legal and physical custody. My daughter works 30 hours a week and is a senior in high school with a 4.0 gpa and is in the honor society. My husband and I take care of our grandson 3-4 nights a week so our daughter can work. The father of my grandson works as well and he gets our grandson Friday evenings through Monday mornings (when he has to take the baby back to daycare.) Neither my daughter or the baby's father does drugs or are bad kids. Do I have anything to be worried about? We go to church and are good people and live life right. Help?

Attorney answers (1)

First, I doubt that a 16 year old boy wants custody. It is his parents who want custody. I suggest that you try to meet with the family and discuss this. If there is some communication issue between the families, you need to work to overcome this. Mediation often is useful.
There is no way to predict the outcome of a custody case-even if you have actually met the parties. People say things in court that often are exaggerated or just plain untrue. It is difficult to anticipate everything that might be said.
Also, the judge must determine what is in the best interests of the child. While there are statutory factors that the judge is to consider, in the absence of any of these pointing strongly in favor or against one party, much depends on the impression that the parties make on the judge in court. The judge also could appoint a Guardian Ad Litem, an attorney for the child, who can make a recommendation to the judge about custody. Since this person has yet to be appointed, we do not have any idea what he or she may say.
For these reasons, settlement is always the best option.
Legal disclaimer: This response does not create an attorney-client relationship and is intended for general information purposes only.

1 comment:

ruzzel01 said...

Both sides deserves a fair judgment. The Judge know exactly what to do.
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