custody and parental rights.
My Mother-in-Law has the sole physical and legal rights to my child. My ex-wife ran off and left state and has had no contact in over a year with my child (3 years old). Recently, like the last two weeks the Ex has been in contact with her mother.
At the divorce, the Ex's mother insisted that the ex's rights be left intact. I want to get the ex's rights to my son terminated, but do not know if I can, I am currently trying to fulfill conditions put forth by my Mother-in-Law to obtain sole physical and legal custody from her. What can I do?
1 Answer from Attorneys
Re: custody and parental rights.
Your message is unclear with regard to the aay th e last court order structured custody and parenting. However, if the biological mother has not had significant contact, you may certainly seek custody from the maternal grandmother. There is a very strong presumption in your favor in that regrd.
Although you may be able to gain custody, you do not provide any basis in your message to terminate the biological mother's parental rights. Courts are very hesitant to do so when less restrictive alternatives such as supervised visits are available.
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