Grandparent custody question

[GothicAngel]

What is the name of your state? New Jersey

If the bio-mom gives full custody of her son to her mother, what are the bio-dads chances if he takes the grandmother to court to obtain full custody of his son?

 

[Zephyr]

that depends on many different issues but dad DOES have more of a right to the child than any grandparent

 

[GothicAngel]

My husband ex went to court and gave her mother custody of her son then at the age of 5. No paper work was ever given to my husband regarding this and when he called the court house a rep stated that the letter was addressed to an old address!
Now he pays child support to the grandmother and he wanted to know what are his chances on having custody of his son?

 

[Shel77]

As long as your son does not have any issues that would make him an unfit parent in the courts eyes, the chances of him being awarded custody are very liky as another stated he has more of a right to his son than the MIL. How long has the MIL had custody and why did the bio-mother award custody, does the bio mother have visitation?

 

[LdiJ]

What is the name of your state? New Jersey

If the bio-mom gives full custody of her son to her mother, what are the bio-dads chances if he takes the grandmother to court to obtain full custody of his son?

Very good...particularly since your other responses indicated that paternity has been established and child support is being paid. Your husband needs to get a consult with an attorney.

 

[GothicAngel]

BM gave her mother custody of my stepson only because she suffers from seizures.

Paternity was never established because my husband and his ex were divorced when she became pregnant. He voluntarily started paying child support when they separated.

BM does not live with her mother I assume she visits but does not pay any child support.

I just find it weird that a cp can file paperwork and send it to the wrong address and change custody.

 

[LdiJ]

BM gave her mother custody of my stepson only because she suffers from seizures.

Paternity was never established because my husband and his ex were divorced when she became pregnant. He voluntarily started paying child support when they separated.

BM does not live with her mother I assume she visits but does not pay any child support.

I just find it weird that a cp can file paperwork and send it to the wrong address and change custody.

The did that on purpose so that he couldn't challenge grandma's having custody...now that he knows, he needs to make that challenge by filing for custody himself. Although he may need to establish paternity first...I am still little confused on exactly what happened there.

 

[GothicAngel]

Here the long story....

My husband and his ex divorced in 1992 (he caught her cheating). During that year the ex pleaded to get back together, they reconciled in June 1992.

A couple of months after she stated she was pregnant. Well, they stayed together and on March 1993 my stepson was born.

while she was pregnant she befriended a male coworker to a point she would have him over doing odd jobs around the house like fix a leaky faucet. (where was my husband during this, I dont know?)

my husband soon realized that she was cheating on him so he stayed home one night (she thought he was at work). she walks in with this guy and they are all over each other.

He left her, and since then she has always given him problems when he wants to pick up his son. the ex and her mother would gang up on my husband and yell and curse to the point that my husband could'nt take it any more.

now it's been 6 years and he just started seeing him. my husband is afraid of going to court because the ex has family in the court system and he feels that if he takes her to court, no matter what she will always win?