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  1. #1
    Join Date
    May 2008
    Location
    Tennessee
    Posts
    21

    Question Custodial Interference by a Grandparent

    My question involves a child custody case from the State of: ky

    Currently I am going throug a custody battle between myself, my x, and the state of ky. My son was taken from his mom for a number of reasons and is now in foster care. I am desperately trying to get custody of my son. Since my x was proven unfit now her mom is stepping in claiming that she can care for my son and this has gone to extent that the state has ordered a home study.
    Over the past 3 years my x's mom has constantly interfered in my visitation to the extent that I was sometimes not allowed to see my own son. I am fed up and I want to know if I should talk to my lawyer about the possibility of this being custodial interference?

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Custodial Interference

    Is this your exwife or exgirlfriend? If your ex girlfriend, was paternity ever legally established? Was there already a custody order in place when your son was taken into protective custody?

    If you already have an attorney, get him involved IMMEDIATELY.

  3. #3
    Join Date
    May 2008
    Location
    Tennessee
    Posts
    21

    Default Re: Custodial Interference

    my sons mom is my x gf from college and paternity was established when he was about 6 months old. i have been paying support and providing him with health insurance and xtras since then.
    i have an attorney but at this moment she doesnt seem worried about my sons maternal grandmother getting my son. she says that fathers rights take priority over grandparents. As of right now i have visitation every other saturday for 5 hours, thats it! yet they are giving my xs mom over night visits. doesnt seem fair to me..

  4. #4
    Join Date
    Aug 2008
    Location
    Southern California
    Posts
    21

    Default Re: Custodial Interference

    Might be time to find a different lawyer - or make you wishes more clear to your current lawyer? i.e. "I want full custody of my son. Yesterday!" Find out why she is not seeking this, why she has not gone into court on your behalf with an ex parte motion requesting a change of the order to get your son out of foster care and back into your care.

    Perhaps she has a really good reason for this? As we are not privvy to the entire situation it's hard to know what to offer up... nonetheless, it sounds like you really want your son with you and at the end of the day, if that's where his best interests will be served that should be where the courts will put him.

    I wish you the best of luck and understand it must be terribly trying having interference from the Gramma (who probably loves him dearly and has the same goals as you - to get him out of foster care!)... Maybe you could consider working together with the Grandmom toward the same goals?

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