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  1. #1
    Join Date
    Nov 2008
    Posts
    8

    Default Grandmother Suing for Custody of Children

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

    My friend is being sued by her mother for custody of 13 year old twin boys.

    She had sent them to live with her mother when she divorced from her husband because she was a housewife and had no job nor job skills to support 2 children. Her mother offered to take care of the boys indefinitely while she got on her feet. The grandmother has now had the children for 1.5 years, 3 months of which the boys had gone to stay with their mom for the summer. She has been an excellent mother and has 2 of the most well behaved children I have ever met.

    Now the grandmother has made allegations that the mother is an unfit mother and has abandoned her children and is suing for full custody. There is no father of the children in the picture whatsoever.

    It is a well known fact that the grandmothers husband is a drug addict and has had charges placed against him before for possession. She cannot afford a lawyer and my lawyers background is not in Family Law. I thought this may be a good place to get some advice on how she can discredit her mothers claims and retain full custody of her children. Currently she has 2 witnesses that have come forward to attest to her ability as a mother. Her fear is that the children (being over 12) may have been lied to by their grandmother and will wish to stay with her.

    Also, how will the grandparents rights law come into effect if she does win her case? Will they lose those rights due to falsely accusing her?

    I appreciate any advice I can get here.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Grandmother Suing for Custody of Children

    Quote Quoting Veeka
    View Post
    My question involves a child custody case from the State of: TN

    My friend is being sued by her mother for custody of 13 year old twin boys.

    She had sent them to live with her mother when she divorced from her husband because she was a housewife and had no job nor job skills to support 2 children. Her mother offered to take care of the boys indefinitely while she got on her feet. The grandmother has now had the children for 1.5 years, 3 months of which the boys had gone to stay with their mom for the summer. She has been an excellent mother and has 2 of the most well behaved children I have ever met.

    Now the grandmother has made allegations that the mother is an unfit mother and has abandoned her children and is suing for full custody. There is no father of the children in the picture whatsoever.

    It is a well known fact that the grandmothers husband is a drug addict and has had charges placed against him before for possession. She cannot afford a lawyer and my lawyers background is not in Family Law. I thought this may be a good place to get some advice on how she can discredit her mothers claims and retain full custody of her children. Currently she has 2 witnesses that have come forward to attest to her ability as a mother. Her fear is that the children (being over 12) may have been lied to by their grandmother and will wish to stay with her.

    Also, how will the grandparents rights law come into effect if she does win her case? Will they lose those rights due to falsely accusing her?

    I appreciate any advice I can get here.
    Your friend REALLY needs an attorney. It's unfortunate, and she may have had what she felt were valid reasons for leaving her boys with thier Grandmother for 1 1/2 years, but that is going to work against her in court. That's why she really needs to hire an attorney. Is there anyone that she can borrow money from, or is there a way that she can take on a second job?

  3. #3
    Join Date
    Nov 2008
    Location
    Bloomfield, New Jersey
    Posts
    21

    Default Re: Grandmother Suing for Custody of Children

    Grandparents have no parental rights. Depending on the State they mat have Visitation Rights, but legally no custodial rights.

  4. #4
    Join Date
    Nov 2008
    Posts
    8

    Default Re: Grandmother Suing for Custody of Children

    I know she needs an attorney and it is very unfortunate. She just got a job and just got her boys on insurance this month. She has had a very hard time since her divorce getting into the working field, even taking jobs at fast food places to make things work.

    I appreciate the info on the custodial rights vs. visitation.

    How important will the kids deciding who they want to be with come into play?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Grandmother Suing for Custody of Children

    Quote Quoting njlawyer
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    Grandparents have no parental rights. Depending on the State they mat have Visitation Rights, but legally no custodial rights.
    This sounds like a guardianship case, not a custody case as such.

  6. #6

    Default Re: Grandmother Suing for Custody of Children

    Quote Quoting njlawyer
    View Post
    Grandparents have no parental rights. Depending on the State they mat have Visitation Rights, but legally no custodial rights.
    Really??? Grantparents have no parental rights???? I never gave up visitation with my children, was being on child support and was not even told that my ex-wife died. when I found out the next day, I went to get my kids and her mother filed for guardianship and got it even though I fought it. We went to court two weeks later, her mother won temporary custody of my children over me even though I was deemed to be a fit parent and "reunification was the goal". That ws February, here it is August, she still has the kids and I have no rights and my kids are being abused and NO ONE CARES EXCEPT ME AND MY WIFE!!! My daughter has had to have emergency surgery due to neglect, the judge did not care when I filed an emergency motion. My son is hurting himself, no one cares, I wanted to get them counseling and they judge called me "insensitive". Does anyone care about a father's rights?????

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