What is the name of your state?NY
I have a question. My step-son and his wife have a screwed up marriage at best. His wife has 3 children with other men(before they got married). they constantly fight and the DSS decided that their son would be better off outside of their home until they can get anger management classes, hold jobs, and drug and alcohol counseling. My step-sons aunt(his mother's sister) was given temporary custody of the baby.- My step-sons mother passed away about 9 years ago. At the time his aunt was bringing the baby over quite a bit. So (stupidly) we didn't push the issue of getting temporary custody or anything like that. Our understanding was that the courts would allow our grandson to go back with his parents when they completed all of the stipulations placed by the court. Unfortunately my step-sons aunt has hindered bith his and his wifes visitation with their son. Her husband is constantly insulting them and refuses to allow them to speak with the aunt on the phone regarding the baby. The uncle was not given temporary custody ONLY the aunt. Now with the problem. My husband received a phone call from his son today. His aunt has called an attorney and has decided to file for custody of their baby and have their parental rights terminated. He and his wife both know that they are not yet prepared to take care of the baby(they are both young-under 23 and very immature). My step-son and his wife have asked his father and I to go to court and request custody of our grandson. He knows that if we have custody then he and his wife will be able to see their son. Unfortunately his aunt wants to alienate them from his life. My question is, will the courts look unfavorably on us because we haven't to this point filed for any "formal" visitation or custody of our grandson? Our understanding was that this would be a temporary situation. It really saddens me that his aunt would try to do away with all contact for the baby and his parents. My husband and I are financially able to take on another child. We also feel that we are prepared emotionally. The aunt is hell-bent on not allowing the baby any contact with his parents. We on the other hand feel that he should be allowed to see his parents. His parents are not allowed to go to the aunts house to visit their son. If we were to be awarded custody of the baby his parents would be able to come and visit him as often as they like. We firmly beieive that they should be a big part of his life. Does anyone have any idea or feeling on whether the court would give us custody as opposed to the aunt? The baby has been at their house for approximately 1 year. Any help or ideas, feelings, etc. on this would be greatly appreciated. We just want to see the best happen for our grandson.
Thanks,
bccka
I have a question. My step-son and his wife have a screwed up marriage at best. His wife has 3 children with other men(before they got married). they constantly fight and the DSS decided that their son would be better off outside of their home until they can get anger management classes, hold jobs, and drug and alcohol counseling. My step-sons aunt(his mother's sister) was given temporary custody of the baby.- My step-sons mother passed away about 9 years ago. At the time his aunt was bringing the baby over quite a bit. So (stupidly) we didn't push the issue of getting temporary custody or anything like that. Our understanding was that the courts would allow our grandson to go back with his parents when they completed all of the stipulations placed by the court. Unfortunately my step-sons aunt has hindered bith his and his wifes visitation with their son. Her husband is constantly insulting them and refuses to allow them to speak with the aunt on the phone regarding the baby. The uncle was not given temporary custody ONLY the aunt. Now with the problem. My husband received a phone call from his son today. His aunt has called an attorney and has decided to file for custody of their baby and have their parental rights terminated. He and his wife both know that they are not yet prepared to take care of the baby(they are both young-under 23 and very immature). My step-son and his wife have asked his father and I to go to court and request custody of our grandson. He knows that if we have custody then he and his wife will be able to see their son. Unfortunately his aunt wants to alienate them from his life. My question is, will the courts look unfavorably on us because we haven't to this point filed for any "formal" visitation or custody of our grandson? Our understanding was that this would be a temporary situation. It really saddens me that his aunt would try to do away with all contact for the baby and his parents. My husband and I are financially able to take on another child. We also feel that we are prepared emotionally. The aunt is hell-bent on not allowing the baby any contact with his parents. We on the other hand feel that he should be allowed to see his parents. His parents are not allowed to go to the aunts house to visit their son. If we were to be awarded custody of the baby his parents would be able to come and visit him as often as they like. We firmly beieive that they should be a big part of his life. Does anyone have any idea or feeling on whether the court would give us custody as opposed to the aunt? The baby has been at their house for approximately 1 year. Any help or ideas, feelings, etc. on this would be greatly appreciated. We just want to see the best happen for our grandson.
Thanks,
bccka