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Parents rights vs Grandparents rights.

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Rlpickney

Guest
What is the name of your state? TX

I have a question. I posted in the post about 6 months ago about my husband getting visitations of his son. We got custody of his son in August from his son's maternal grandparents. I am wondering what are the chances that the judge will take his son away from us after giving us custody in the first place? And if we win custody of his son, What are the chances of them getting visitations?
These people are not very nice and really shouldn't be allowed around him as much as they are now. Any advice would help a great deal. Thank you.
 


VeronicaGia

Senior Member
Rlpickney said:
What is the name of your state? TX

I have a question. I posted in the post about 6 months ago about my husband getting visitations of his son. We got custody of his son in August from his son's maternal grandparents. I am wondering what are the chances that the judge will take his son away from us after giving us custody in the first place?

**No one can answer that question. If your husband is convicted of a crime, is caught with drugs, is abusing the children.........no one can tell you what will happen in the future or what a judge will decide.

And if we win custody of his son, What are the chances of them getting visitations?

**You just said your husband has custody. Does he or doesn't he?

These people are not very nice and really shouldn't be allowed around him as much as they are now. Any advice would help a great deal. Thank you.
Typically a parents rights outweighs grandparents.
 
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Rlpickney

Guest
He isn't convicted of any of that. What happened was my step-son's mother had custody of him and she left him with her parents. They moved and didn't let anyone know where they were going. My husband didn't get to see his son for like 2 and a half years. We finally did find grandparents and they wouldn't let us talk to nor see his son. We even tried to talk to them to try to ease back into his son's life but they didn't want to do that. But we did go to court and we did get temp custody but they got visitations. I just wanted to know what the chances were that they would take his son away from my us again after them giving us temp custody. Thank you very much for your advice.
 

snostar

Senior Member
Is the mother out of the picture? I think the grandparents would have to prove the father unfit in order to gain custody back.
 
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Rlpickney

Guest
The mother was out of the picture. Her parents tried to take custody of my step son away from her. But, we have since talked to her and she is siding with her parents and think that it is in my step sons best interest to be in the custody of her parents. She has since had another baby and moved back in with her parents. She does not want to be my step son's mother but she doesn't want my husband to have custody either.
 
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Pfaffing85690

Guest
First off, you did not get custody from the grandparents as they never had legal custody. If your current court order states the mother has custody then that is who has custody.

Until that order is amended, then you are technically in contempt of a valid court order. The best option at this point is to have hubby hire a family attorney and file an emergency petition to amend the original order asking for full legal and residential custody.

the grandparents have no legal rights to the child as long as one parent objects. Not even visitation.
 
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Rlpickney

Guest
We do have a legal family attorney. The grandparents did get visitation rights in the temp orders. We would like for them not to, but it is a court order that they get visits like standard visitation. I thought they weren't supposed to order something like that, but they did. They are still fighting for custody of my step son.
They tell my step son to tell us that he doesn't like living here and that he will get to come back to live with them. When his mother moved into thier house, my step son's grandparents told him that he was not supposed to tell us. They are royally messing with his head. I mean how can you get proof that they say this stuff. We have tapes of my step son saying some of this stuff (Lawyer told us to tape). Are tapes able to be used in court?
 

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