What is a Grandparent's Chance of Getting Custody of a Child She's Raising
My question involves a child custody case from the State of: KY
For first 5 months my daughter and her child lived with me. I helped tremendously in caring for the child. Then my daughter moved out, took child with her. Kept child a few days a week at first and I kept child the remaining days. My daughter started keeping child less and less. 1 day in sept., 1 day in oct and none in nov dec jan. The dad sees the child some and has supervised visitation right now because he just recently decided to see her. My daughter has decided to step back in childs life, always reminding me that its her child and she could come take child if she wanted to. I am afraid to try for custody because if I dont win, my daughter will never never let me see the child again. She will take her to anyone but me....which would endanger the child. What are my chances of getting custody?
Re: Im Raising My Daughters Child
Based on what you wrote above pretty close to zero. Courts have to have a pretty strong reason to take custody away from a parent. And even if your daughter provided such a reason you wouldn't be first in line the father would.
Re: Im Raising My Daughters Child
If this was me, I wouldn't wake the sleeping bear. You are right that if you lose the daughter will go to anyone but you to care for the child. Additionally, dad is on supervised visitation FOR NOW. I believe you would have to overcome both of them in order to get custody.
Re: Im Raising My Daughters Child
I think the dad would agree to give custody to me (as long as he dont have to pay child support). I heard something about defacto custody?
A de facto parent is a person who has been found by the court to have “assumed, on day-to-day basis, the role of the parent, fulfilling both the child's physical and psychological need for care and affection, and who has assumed that role for a substantial period.” You dont think that would matter?
Re: What is a Grandparent's Chance of Getting Custody of a Child She's Raising
The longer you are the child's primary custodian, and the less contact the child's parents have with her, the more likely it becomes that you would be able to successfully obtain guardianship.
Given that you believe that your daughter will take the child and deny you any access if you petition for custody and lose, it would make sense for you to work closely with an attorney and form what the attorney believes to be a winning strategy before you try to seek custody or guardianship through a court.