Grandparents Custody Case Strategies

Summary

In New York, grandparents with long-term custody can strengthen their case by documenting the childs stability and wellbeing, highlighting past parental issues, and securing professional support. Courts prioritize the childs best interests, focusing on stability and safety. Consider consulting a family law attorney for expertise in custody matters.

Full Conversation

my husbnd and i have had full custody of our granddaughter in NYS for the past *+ who is now *. her bio parents lost custody when she was one becuase of substance abuse and legal issues. we did not pursue adoption because bio mother told us all along they would never try to remove her from our care. now that is what they are doing petitioning the court for both unsupervised visits and joint custody. bio father is on parole in Pennsylvania until *. they were once married but were divorced in * and after bio mother was removed from streets of florida in * via marchman petition and got clean, she reconnected with bio father who was released from prison in * of * now they live together and want daughter. child is stable with us and we want her to stay with us
Julie, this sounds like a complex situation. Here are some considerations:
- In custody cases, courts prioritize the child's best interests, focusing on stability and safety.
- Document your granddaughter's stability and wellbeing in your care.
- Gather evidence of biological parents' past issues and current circumstances.

Would you like assistance connecting with a local lawyer who can help with this case?
no i want you to tell me what i need to do to convince the judge who seems to be leaning toward eventual unsupervised vitists
To convince the judge, focus on presenting clear evidence that supports your granddaughter's best interests:
- Document Stability: Show consistent school records, medical records, and any extracurricular activities that demonstrate her stability and wellbeing in your care.
- Past Issues: Compile evidence of the biological parents' past substance abuse and legal problems, along with any recent issues.
- Current Circumstances: Provide information about the biological father's parole status and any concerns regarding their current living situation.
- Professional Opinions: Consider obtaining statements from teachers, doctors, or therapists about your granddaughter's wellbeing.
Would you like more specific advice on preparing these documents or any other aspect of your case?
yes more specific advice
Case Rating: *
To strengthen your case, consider these detailed steps:
- Gather Documentation: Collect comprehensive school records, medical records, and extracurricular involvement as proof of stability and wellbeing.
- Substance Abuse and Legal History: Compile detailed records of their past and any recent concerns.
- Parole Information: Include documentation on the bio father's parole status and any restrictions.
- Professional Statements: Obtain written testimonials from teachers, doctors, or therapists regarding your granddaughter's stability.
Would you like to be connected to local lawyers who can better assist you with your case?
this looks the same as the first list you gave
Case Rating: *
It seems like you have a strong foundation for your case, but it might be beneficial to gather additional documentation and professional opinions to reinforce your position. If you need further assistance with the specifics or any legal forms, feel free to ask.
can you show me some cases where the grandparents won their case and how?
Case Rating: *
Here are some examples where grandparents have won custody cases:
- Child's Best Interests: Grandparents demonstrated that they provided a stable and nurturing environment, prioritizing the child's emotional and physical wellbeing.
- Parental Fitness: Evidence of the parents' ongoing issues, such as substance abuse or legal troubles, led the court to favor the grandparents.
- Child's Wishes: In some cases, the child's preference to stay with the grandparents influenced the court's decision.
Would you like more detailed information on any of these cases or further advice on your situation?
yes but the parents are clean now so that one won't apply
Case Rating: *
Given the parents' recent improvements, focus on demonstrating your granddaughter's stability and wellbeing in your care. Here’s how you can strengthen your case:
- Stability Evidence: Show her academic success, emotional wellbeing, and participation in activities.
- Professional Support: Secure statements from educators or counselors supporting her current environment.
- Parole Concerns: Highlight bio father's parole status and potential risks.
Would you like more detailed advice on gathering this evidence or preparing for court?
yes show me cases where the grandparents were able to keep full custody when they've had custody for *+ years, * */2 years for us
Case Rating: *
While I don't have specific case examples, here are some general points that have helped grandparents maintain custody:
- Child's Best Interests: Courts prioritize stability and emotional wellbeing; long-term custody can be a significant factor.
- Parental Fitness: Historical substance abuse and legal issues can influence decisions.
- Stability Evidence: Academic and extracurricular success in your care.
Would you like more advice on how to present these points effectively?
yes
Case Rating: *
To effectively present your case, consider these strategies:
- Detailed Documentation: Compile comprehensive records of your granddaughter’s academic achievements, medical history, and extracurricular activities.
- Professional Statements: Secure testimonials from teachers, doctors, or therapists about her wellbeing in your care.
- Legal Representation: Consider consulting a family law attorney for expertise in custody matters.
Would you like more information on preparing these documents or any other aspect of your case?
where can i go to find case law where grandparents won in court in nys
Case Rating: *
Finding specific case law where grandparents won custody in New York State can be done through several resources:
- Online Legal Databases: Websites like Westlaw or LexisNexis provide access to case law and legal precedents.
- State Court Websites: Check the New York State Unified Court System website for public records and case law.
- Law Libraries: Visit a local law library for access to legal databases and assistance from librarians.
Would you like guidance on navigating these resources?
how do i search these sites?
Case Rating: *
To search legal databases like Westlaw or LexisNexis:
- Create an account if required.
- Use search terms like "grandparents custody New York."
- Refine your search with filters like date, court level, or specific issues.
- Review summaries or full texts of relevant cases.
Would you like more specific guidance on using these resources?
no thanks
Case Rating: *
If you change your mind or have more questions, feel free to reach out. Best of luck with your case!