That issue must be brought before the court so the situation can be investigated. Whoever is making the claim should bring the problem to the court's attention and provide some proof to the court since the placement would not be in the best interest of the child.
By petitioning the court with jurisdiction (where the child legally resides) for a custody modification based on the same. There will be a hearing where both parties will be expected to attend. Ultimately, the judge will rule in favor of what he/she feels is in the best interests of the child.
Possibly, depending on where you live. You would need to provide your state of residence as well as outline whether or not your parental rights were terminated when your grandparent obtained custody of your child.
Minor's are not allowed to choose with whom they wish to live, although the judge may speak with the child and take his or her opinions into consideration when making custodial decisions. Likewise, the grandparent who has temporary custody cannot release the minor into the custody of any other person including a parent without first obtaining permission from the court.
Custody is determined by a judge. Whether or not the grandparents can get custody of a child depends on the judge and state law. In Florida, after it was established that the mother could not take care of the children, the judge would ask, "Where is the father?" He would probably have the first opportunity. HRS would also need to be involved. If those two hurdles were cleared, then it would be the grandparents could probably gain custody. Some other states follow the same procedure. Call your local child services and see.
Judicial custody is when you are held by order of a judge and are not necessarily charged with anything.Police custody is when you are charged with something and are in the custody of the police.
If the parents are unfit or agree to you having them and the judge agrees to it. Grandparents have no automatic right to the grandchildren. If the parents are unfit and another relative also seeks custody they may have the same chance to get them. The judge would look at what would be most suitable for the child.
That's the common tactic in order to go for full custody, but hopefully the judge will order bird nest custody. see link below
Even with a good past, it's still up to a judge's interpretation of the evidence presented. Added: ..... AND the results of a background and investigation and recommendation of the Department of Social Servces as to the fitness of the potential custodian.
If mediation fails for any reason, then it falls to the judge to determine custody.
Prove them wrong
There is no "percentage rate". The court is concerned with the child's welfare only. If someone believes a child is endangered or being neglected, they should report it to CFS. An investigation will be done, and if the claims are proven true, the child(ren) will become Ward(s)of the Court. A custody hearing will be held in Family(Domestic) court. Grandparent(s) are often granted custody if they are willing and proven able to care for the child(ren).
Judge Judy - 1996 Ugly Custody Exchange was released on: USA: 1 March 2012