• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can they sue for custody

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? Illinois
My ex moved in with her parents when we split up in July 2008.

She and my daughter moved out of their home in October 2009.

I sued for custody of my daughter in October 2009.

She sent my daughter back to live with her parents in November 2009.

She took her back for 2 weeks in December then sent her back again after Christmas.

If or should I say when I am given custody of my daughter can her parents sue me for custody of my daughter?

Can they sue me for visitation rights to my daughter?

What is the likelihood of them getting either custody or visitation?
 


Hot Topic

Senior Member
They can sue you; however, that doesn't automatically mean they'll win.

Can they prove you're an unfit father? Do they have a legal document in which you give up parental rights? Is there anything that indicates you're not the child's biological parent?
 
No they can't prove I'm unfit (I have 3 other children who live with me). I have never surrendered my parental rights, I have had to fight every step of the way to even see my daughter. And as far as I know I am the father. I signed the voluntary paternity paper when she was born and my name is on the birth certificate.
 
If the grandparents testify at my daughter's custody case that my daughter lives with her mother and not them (even though in reality she lives with them); can they turn around and say that she lived with them in order to get grandparent's visitation later?

They want their daughter (the mother of my child) to get custody so my daughter can continue to live with them. They are saying that they are going to testify that the child lives with the mother and not them. However I know for a fact that my daughter lives with them and not her mother. But when I win custody of my daughter I am fairly certain they will attempt to get court ordered visitation by saying that she lived with them. I'm just trying to get my ducks all in a row.
 

LdiJ

Senior Member
If the grandparents testify at my daughter's custody case that my daughter lives with her mother and not them (even though in reality she lives with them); can they turn around and say that she lived with them in order to get grandparent's visitation later?

They want their daughter (the mother of my child) to get custody so my daughter can continue to live with them. They are saying that they are going to testify that the child lives with the mother and not them. However I know for a fact that my daughter lives with them and not her mother. But when I win custody of my daughter I am fairly certain they will attempt to get court ordered visitation by saying that she lived with them. I'm just trying to get my ducks all in a row.
If the mother has visitation, then its not likely that the court would also give the mother's parents visitation, as they would be expected to visit with the child on mom's time.

If mom has visitation, and the court seems inclined to grant the grandparents visitation, then you need to argue strenously that any time for them should come out of the mother's time, not out of yours.

Judges are also pretty good at figuring out when people are lying or not lying.
 
Thank you for your response. I can't sleep at night because all these things keep creeping into my mind. I swear everyday there's something new. I hope someday it all settles down.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top