Grandparents & custody

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adorrable524

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I hope I can find some help (and some hope) here. This can get pretty complex but I'll try to keep it simple. We all currently live in California.

My sister became pregnant over 2 years ago with her boyfriend and they decided to put the baby up for adoption. She gave birth and turned the baby over to the adoptive couple. A few days later they decided that they wanted the baby back again and took her from the couple (my sister told my mom it was becasue he found out they were jewish and he didn't want his daughter to be raised "a jew")

Both were finanically unstable and had NOTHING prepared so my parents worked out a verbal agreement that they would care for my neice for one year so they could save up to take care of her. My neice will be turning three and both parents are even further from being able to care for her than they were when the agreement was made.

My parents have paid 100% for her--both my sister and her bf have not paid a dime. They do not come to see her regularly at all. They have broken up and both are still not financial sound in any way shape or form to take care of themselves much less a baby. He is a very emotionally abusive person and my sister is deathly afraid of him. My parents want custody of my neice but we don't know what to do. There are so many factors that we have where it would show that my sister and her "bf" would tramuatize my neice if they were to take her away out of nowhere but we do not have tangible proof. It is all from things that my sister has stated (one day she called my mother crying saying that my parents should keep their doors locked because they got into a fight and when he gets mad he turns into the devil himself--she thought he was going to go to my parents house and try to hurt them and/or take the baby).

Would the court take into consideration these happenings even though we cannot prove that she said them? We know without a doubt that if we were to go to court that she is so afraid of him that she would lie and say she never said that. She lies to us about him and to him about us (such as she said she never ever talks to him and he was out of all of our lives forever only to discover that was NEVER the case). My parents are willing after having full and sole custody to work out a visitiation agreement with them. We cannot work out this agreement though because he hates our family so if we were to approach him wtih this he would take her and that is the last thing we want for her. Would we have a fighting chance in court, especially since both are not finanically sound and do not have the proper living arrangements to care for a 2 year old?

Thank you and I apologize for the length and if it does not make sense

Kourtney
 
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