What is the name of your state (only U.S. law)? Iowa
My Ex-Wife has been the primary caregiver and has legal custody of our 13 year old daughter and 12 year old son. I do have visitation rights every two weeks.
Very recently, she (my ex-wife) attempted suicide and as such I'd like to have them live with me instead.
I am stably employed and have faithfully paid my child support the entire time. I can also provide adequate living space for them as well. However, I also live 90 miles away, meaning they'd be taken out of their current environment. Despite that, I have been actively part of their life ever since I had to move away.
Also, their grandparents, who do live in the same area, are interested in taking care of them, who can also provide adequately for them.
No custody motions have been taken so far, so custody is still with my ex-wife.
Here are the questions I have:
- First, how strong of a case would there be for me, or their grandparents, to obtain custody rights (assuming she doesn't relinquish them)?
- Is it possible for her to voluntarily relinquish custody to her parents over me?
- How would it work if both me and the grandparents vie for custody rights at the same time? How strong of a case would either side (me vs grandparents) have in a situation like this?
As to why I'd want to have them over their grandparents, it's because I believe my children should be with their stable parent and that while changing schools and making new friends might be difficult, I think a fresh start away from that environment is the best thing for them.
Thanks in advance for any replies.