I am worried about my court case, what will happen?

I am fighting a legal case against grandparents of my son, my wife is no more she died because of tb, grandparents don't have any male issue, I just want to know since my wife is no more and I am the natural guardian, father of my son, will court grant me custody or not?


Most Helpful Guy

  • That's a very state-specific question.

    Family law is unique to each state.

    The Supreme Court (of the United States), however, has held that the natural biological parent has superior rights over the child when compared to anyone else (including grandparents). Control over one's "family" is a fundamental right, and a parent cannot be deprived of custody unless the government has a compelling interest and depriving the parent of custody is necessary to satisfy that governmental interest.

    So, in cases between the parents and grandparents, parents overwhelmingly win custody of the child. In the cases where grandparents do win, it's usually because they were able to prove that the parent was "unfit" to have custody over the child (e.g., physically abusive, neglectful, or created a bad environment for the child - drugs, alcohol, prostitutes, illegal activity, etc.).

    Because the attorney for the grandparents knows this is a losing level avenue to go down, the attorney will just include that for negotiation purposes (to concede it in return for something of value later on), and really be after "VISITATION."

    Grandparents don't want custody. They don't want to be responsible for the care of the child. They just want to enjoy their grand kids. They want visitation (i.e., being able to play with the puppy without having to be responsible for the puppy). The standard for visitation is . . . just like almost everything else when it comes to children . . . "the best interest of the child."

    The grandparents will argue: "Your honor, the grandparents were part of little Timmy's life before his mother passed away. Timmy was over their home since he was X years old. After Timmy's mother passed away, Timmy has sought emotional comfort and support from his grandparents. His grandparents have continued to help him get over the trauma of losing his mother and have cared for him for Y whole years. Cutting off and destroying the relationship with his grandparents would have a serious detrimental effect on the emotional well-being of little Timmy at this very sensitive time in his life. For those reasons your honor, Timmy's grandparents ask only that they not be denied visitation, and have the right to unsupervised visitation on Fridays, Saturdays, Sundays, the Summer, on Holidays, and on Timmy's Birthday."

    You're going to have to argue: "Your honor, while Timmy technically knew of his grandparents for Y years, he had only made contact with them for just Z days throughout those whole Y years, for a total of less than N hours in total, or less than K hours a year! His grandparents do not call him, he does not call them, they do not come to his school, his teachers and friends do not know who they are, and if it would please the court, I am confident an independent evaluation would show - to the court's satisfaction - that Timmy's grandparents play no major role in his emotional well-being."

    • The argument that usually ends up winning the day for the parents is, "at this sensitive period in Timmy's life, what he needs more than anything is stability and consistency. I'm afraid that the two different styles of support would cause conflict and send mixed messages to Timmy, and would cause more emotional harm to Timmy than if Timmy just had only one style of support. Therefore, your honor, I ask that for the best interest of Timmy, we not risk conflict by allowing visitation."

    • Thanks for comment

    • No problem. Good luck!

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What Girls Said 1

  • As the father of the child and only remaining parent you would be entitled sole custody. At least in the U.S and I can't imagine that would be different anywhere else

    • I am from india, and our Indian law and us law I think is somewhat same, thanks for your comment.

What Guys Said 3

  • In north America if you were married and the guardians of the child and wife died, the grandparents would have a very hard time getting custody from you unless you have a well documented history of crime and drug abuse.

    But that's here.

    • Yes I stay in india, what if magistrate is corrupt takes bribe and gives a judgement against me, I will totally be finished

  • They would grant you the custody, of course.

  • you came to the right place. gag is where all the girls versed in Indian law hang out.

    • I know they aren't versed with Indian law, but was just seeking opinion who has better chances of custody, if I loose I will myself end my life seriously.