wants custody of her daughter from Stage 1 Alzheimer's grandma

[k sam]

Jurisdiction

Washington

I'll keep the story short
Newly wedded wife wants full custody over her daughter from her grandmother as I described in the title .
Wife was in-prisoned for a crime of dishonesty that was 9 years ago . She only gave the grandmother custody due to the bio father kidnapping their child violating the parent plan and possibly sexual assault may be involved the child doesn't want to speak on the situation and is currently in therapy. Wife hasn't had a incident of bad character since being released and has been following the parent plan laid out with the grandmother. The grandmother is again 69 with stage one Alzheimer's
She's been make her home hostile
With death threat to me
Threats to harm the children ( the children's therapist have noticed the incidents and wants to relocate with us )
Attacked my wife's character (saying she's a sex worker etc )


How can my wife win this battle
I am military as well

 

[army judge]

How can my wife win this battle

No one WINS any court proceeding, rather someone often prevails.

I suggest your spouse discuss her chances with lawyers that practice family law in the county in which she resides.

Normally lawyers will offer a no charge visit for the initial consultation and case assessment.

I am military as well

All my 31 years of active, honorable military service gets me is a nice retirement check as an O7.

Other than the money I'm owed, and a the few military discounts I'm offered, my military service rarely means anything to anyone but me.

 

[k sam]

No one WINS any court proceeding, rather someone often prevails.

I suggest your spouse discuss her chances with lawyers that practice family law in the county in which she resides.

Normally lawyers will offer a no charge visit for the initial consultation and case assessment.



All my 31 years of active, honorable military service gets me is a nice retirement check as an O7.

Other than the money I'm owed, and a the few military discounts I'm offered, my military service rarely means anything to anyone but me.

I see that now as far as military is concerned
It's just showing there's a stable income in the home nothing more .


What are reasons that can be help and hurt her case in terms of regaining custody.

 

[zddoodah]

Newly wedded wife wants full custody over her daughter from her grandmother as I described in the title .

I assume we're talking about your wife, your wife's mother, and your wife's child. Correct?

Wife was in-prisoned for a crime of dishonesty that was 9 years ago . She only gave the grandmother custody

When you say that your wife "gave custody" to her mother, what exactly does that mean? Legally, custody is something that can only be conferred by a court order. Did you simply mean that your wife left her child in her mother's care? Or is there actually a court order that gives custody to your wife's mother?

How can my wife win this battle

If there's a court order that awards custody to your wife's mother, then she'll need to have that order changed or terminated and will need guidance from a local attorney. If there's no court order, then there is no legal hurdle to your wife retaking custody of her child.

 

[k sam]

I assume we're talking about your wife, your wife's mother, and your wife's child. Correct?



When you say that your wife "gave custody" to her mother, what exactly does that mean? Legally, custody is something that can only be conferred by a court order. Did you simply mean that your wife left her child in her mother's care? Or is there actually a court order that gives custody to your wife's mother?



If there's a court order that awards custody to your wife's mother, then she'll need to have that order changed or terminated and will need guidance from a local attorney. If there's no court order, then there is no legal hurdle to your wife retaking custody of her child.

Before she was in-prisoned
Or during her imprisonment the bio father violated the parent plan by taking the daughter to Colorado where something the children refuses to talk about and the grandmother picked the child up I believe that's when she signed over custody because she was inprisioned and wasn't able to provide for the daughter as well as a safety measure against another daughter father incident

 

[army judge]

What are reasons that can be help and hurt her case in terms of regaining custody.

I don't know about reasons that could affect her goal.

I do know that facts can interfere with your spouse regaining custody.

Fact: She waived her parental rights because of a pending felony.

Fact: She went to prison.

Fact: She has had limited or no physical contact with the child over the ensuing years.

Fact: Domestic violence reared it's ugly head years ago.

Fact: Allegations of sexual molestation swirl about the child today.

Fact: The grandmother suffers from an age related disease, which impacts her ability to be a caretaker of a child.

Fact: The grandmother is approaching the advanced age of 70.

Fact: Your spouse appears NOT to have undergone the requisite parenting classes the state demands.

Fact: Your spouse also needs to complete domestic violence counseling.

Fact: Your spouse might wish to consider obtaining supervised visits with the child before pursuing custody.

Fact: The child's interests, development, education, social needs, and medical well being should be paramount to your spouse's needs.

Fact: Your spouse should discuss all of this with a psychologist and/or psychiatrist to see if counseling is warranted to ensure no relapses in civilized behavior.

 

[k sam]

I don't know about reasons that could affect her goal.

I do know that facts can interfere with your spouse regaining custody.

Fact: She waived her parental rights because of a pending felony.

Fact: She went to prison.

Fact: She has had limited or no physical contact with the child over the ensuing years.

Fact: Domestic violence reared it's ugly head years ago.

Fact: Allegations of sexual molestation swirl about the child today.

Fact: The grandmother suffers from an age related disease, which impacts her ability to be a caretaker of a child.

Fact: The grandmother is approaching the advanced age of 70.

Fact: Your spouse appears NOT to have undergone the requisite parenting classes the state demands.

Fact: Your spouse also needs to complete domestic violence counseling.

Fact: Your spouse might wish to consider obtaining supervised visits with the child before pursuing custody.

Fact: The child's interests, development, education, social needs, and medical well being should be paramount to your spouse's needs.

Fact: Your spouse should discuss all of this with a psychologist and/or psychiatrist to see if counseling is warranted to ensure no relapses in civilized behavior.

Therapy has been ongoing happening (therapist haven't found a reason to deny her parental responsibilities )
The grandmother assaulted my wife early last year
There is a report from local authorities about it
The grandmother has been casusing friction with the supervised visits

I will inform her of the parenting classes

 

[army judge]

Therapy has been ongoing happening (therapist haven't found a reason to deny her parental responsibilities )
The grandmother assaulted my wife early last year
There is a report from local authorities about it
The grandmother has been casusing friction with the supervised visits

I will inform her of the parenting classes

Bear in mind, the grandmother has a serious medical problem, Alzheimer.

The alleged attacks were beyond her ability to control.

The grandmother is ill and dying.

My mother and mother-in-law both suffered and died of Alzheimer.

It is a most dehumanizing disease.

Whatever she did she wasn't voluntary.

I'd avoid mentioning her condition unless its to ask is she capable of caring for the child because of her disease?

A medical expert who examines the elderly woman could assist your spouse in her case.

The grandmother is not a bad person because she suffers from a deadly disease.

 

[k sam]

Thank you all this information and knowledge is very helpful . I just want what's best her mother can't do it granted years ago yes but not now .

 

[army judge]

Thank you all this information and knowledge is very helpful . I just want what's best her mother can't do it granted years ago yes but not now .

Because the grandmother is ill, your wife has a chance to get emergency custody based upon the deteriorating health of the grandmother.

It isn't in the best interests of the child to depend upon an elderly woman who is ill and dying.

Your wife has to show compassion, and make it about loving the grandmother because she is in a fight for her life, and protecting a child who needs adult care.

 

[leslie82]

I see that now as far as military is concerned
It's just showing there's a stable income in the home nothing more .


What are reasons that can be help and hurt her case in terms of regaining custody.

It doesn't show a stable home - we can be deployed at a moment's notice. We can get orders to PCS at a moment's notice. Usually you get some notice - but that doesn't always happen.

Your wife needs to get a lawyer asap.