Tuesday, August 24, 2010

Does the non-custodial parent have more rights than the grandparent?

I would like an aswer without regards to MY financial situation. I know that if I was not inancially stable to take in another child the courts would OBVIOUSLY deny the change. If the custodial parent is NOT raising the child (the grandparents is) Does that give the non-custodial parent a ';right'; or some kind of push towards gaining custody of their child? Because aren't they next in line, not the grandparent?Does the non-custodial parent have more rights than the grandparent?
Seems like the child would have to be determined by a court-ordered study to be living permanently with the grandparent, rather than the custodial parent, for you to have any shot at gaining custody.





You may be able to implement an investigation through the court that awarded custody initially, but you will probably also end up paying the costs involved in having everyone evaluated. The court will award a child advocate to investigate each party and their home environment thoroughly.





If a custody hearing is granted, you would have to show that you are the more fit parent in every way, and that includes financially.





Be prepared for a long, expensive battle, as this can drag out for years. But if the child is in harm with the grandparent or custodial parent, it will have been worth it.Does the non-custodial parent have more rights than the grandparent?
In the US generally - in a custody matter that is handled by the court, deciding between two parents, the court will make one parent the primary ';custodial'; parent and the other the ';noncustodial'; parent.





The custodial parent will have the right to allow others, including grandparents, to care for the child on a temporary basis, so long as the noncustodial parent's visitation rights are respected.





But if the custodial parent has completely delegated the care of the child to someone else, then the noncustodial parent can petition for custody on the grounds that circumstances have changed and that it is in the best interest of the child to live with a parent. Parents are generally preferred over grandparents when courts are considering custody.





On the other hand, if the grandparents have formal guardianship of the child that has been awarded to them by the courts, the procedure for a parent to regain custody is different and the parent may not have any kind of ';push'; or priority. Depends on the circumstances that gave the grandparents custody in the first place.
ok if i am reading this correctly, the child is yours but due to a divorce or something you are not the one that gained custody. If so, then if the courts agreed for the original custodial parent to have custody - not the grandparent then if the appointed adult cannot provide proper care to the child then next person would be the other parent. Parents rights come before grandparents rights. If it was not agreed to have the grandparents have custody of this child then i would petition the court for full custody of the child since your rights would come before the grandparents, just be ready for them to fight, depending on how long the child has been with them, the age of the child, and financial stabilities between you and them will all play a part in the judges decision, however you do have more rights to custody than they do, i hope this makes sense. Basically what i am saying is that you have more rights than they as long as you are financially stable and have not been found an unfit parent...then you have a great chance of winning full custody, good luck.

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