1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Grandparent Defacto

Discussion in 'Child Custody & Visitation' started by Kimberlyq, Jan 14, 2020.

Thread Status:
Not open for further replies.
  1. Kimberlyq

    Kimberlyq Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Kentucky
    My grandson will be 8 in April. We was ordered DeFacto of when before he was 1. My son last year decided he wanted 100 percent custody of him. He married a girl in Indiana. We are in Ky. One hour away. He asked for the court to remove our DeFacto. It was denied. We did agree to 50-50 custody with us and him. That wasn’t enough for my son. He wants 100 percent. He has now appealed this case.
    We are waiting on appeal.
    I can’t find it in my heart to think this is right for our grandson. This is home. We are home. He bonded with us at birth and we are young and vibrant. He has enjoyed a great life. We sacrificed our future retirement and have no regrets. He makes all A’s and scores above the national average on all standardized tests. We laid our lives aside to get ensure his future. He is extremely attached to us. He don’t mind to go visit dad. He don’t enjoy staying as long as he has to stay now that we agreed to 50-50 but we thought if we worked with our son he would stop all this. But sadly no.
    The appeal has my heart broken into pieces. This has torn our family apart. We try to make our grandson no know anything is wrong etc....
    In your legal opinion do you believe the appeals court will remove our DeFacto and give him to our son. ???
    His mother is in our town and is actively involved with him. She is in a better place. But she doesn’t want our grandson leaving our home. Even she says it’s best he stay put. After 8 years almost it’s all he has never known
    My son was on drugs. Spend three years in jail. Had a drug charge last year that was dismissed. And violated and EPO one and half year ago.
    At his wedding in August the police came and found drugs in the grooms room. No charges were filed.
    We still have lifestyle concerns regarding him. But it’s tough when they don’t get charged. And get cases dismissed. He is a bully and some courts back down off him in those small towns. That don’t want all his mouthy trouble etc.

    Thanks for your time. I am just reaching for some answers. Some peace of mind.
     
  2. army judge

    army judge Super Moderator

    Messages:
    31,116
    Likes Received:
    4,484
    Trophy Points:
    113

    No human being on this planet possesses the ability to predict the outcome of a legal proceeding.

    I suggest you direct all the questions you have about the child custody case to which you are a party ONLY to your attorney of record.
     
    hrforme likes this.
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    7,092
    Likes Received:
    1,660
    Trophy Points:
    113

    A parent's right to his child is paramount and the bar is set quite low for qualifying for parenthood.

    He got 50/50 last year. If he shows clean since then he might get full custody. No way to predict.

    But a possible way to prevent it is for the child's mother to seek custody.
     
    hrforme likes this.
  4. Kimberlyq

    Kimberlyq Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1

    Ok I am sorry. We do have legal counsel. About 30 grand so far has been spent. But he is unable to get emotionally into the case. We understand that. I was reaching out in hopes someone out there had been in a similar experience and I was prayerful for some hope. I realize it’s a waiting game and hopefully a decision is made soon. So we can all move on with our lives. Especially my grandson. Thanks for replying. Have a nice evening.
     
  5. Kimberlyq

    Kimberlyq Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1

    One of the options if our DeFacto is removed is it goes back to him and her. I think it doesn’t automatically go one hundred percent to him. But it can.
    There are several outcomes.
    I guess I am just hopeful that our 8 years of sacrifice and the bond that was created for the child would matter.
    But I don’t think the courts care.
    We as grandparents feel like we just got used. And treated as if we don’t matter. If that makes sense.
    We just helped druggies be druggies tell they got done being druggies and show up and say ok I am done now (maybe). Give me the child.
    It’s a mess. And so sad. For all involved.
    Thanks for the reply. Taking your time for me.
     
  6. Kimberlyq

    Kimberlyq Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    can you advise if I can just delete this. I think I am looking for hope. And maybe this was the wrong forum for that. I am sorry. I can’t find a way to just delete the thread and not waste anyone’s time with my personal problem. I just need to wait for the appeal answer and move on. Thanks for your help.
     
  7. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,322
    Likes Received:
    732
    Trophy Points:
    113

    It would be utterly foolish for anyone to attempt to predict the outcome of an appeal without reading the judgment being appealed from and all of the appellate briefs. All you've given us is a one-sided (and somewhat ambiguous) couple of paragraphs of information. None of which tells us why the child was placed with you in the first place. That said, the overwhelming majority of appeals are unsuccessful.

    Since you apparently have an attorney, you need to discuss with him/her whether the appeal has any reasonable chance of succeeding.
     
  8. Kimberlyq

    Kimberlyq Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1

    Ok thank you. I misunderstood this site. Can you assist me on how to delete this thread,?
     
  9. justblue

    justblue Well-Known Member

    Messages:
    994
    Likes Received:
    432
    Trophy Points:
    63

    It doesn't need to be deleted but I will ask a mod to lock it.
     
    Kimberlyq likes this.
  10. army judge

    army judge Super Moderator

    Messages:
    31,116
    Likes Received:
    4,484
    Trophy Points:
    113

    If you cared for the child when his parents were unable (or unwilling to do so), Almighty God noticed.

    The good we do for others matters.

    We may never know how we've positively impacted the life (or lives) of those in distress (or need), but you did good just to help the lad.

    That is what matters, what you've done to help a child in jeopardy.

    God knows, you know, and child in distress appreciates it, even if he can't fully understand it today.

    May God bless you for reaching down to help a child whose parents had cast aside for their heathen god of dope!
     
    Kimberlyq likes this.
  11. adjusterjack

    adjusterjack Super Moderator

    Messages:
    7,092
    Likes Received:
    1,660
    Trophy Points:
    113

    I've locked it and it will drop out of sight.

    Sorry we can't be of any further help.
     
    Kimberlyq and justblue like this.

Share This Page

Thread Status:
Not open for further replies.