Custody Change from Paternal Grandparents

[richard9130]

My wife's ex-husband and her got divorced and had one child. Due to their age(17) at the time they both signed over legal and physical custody to the father's grandparents for insurance and best interest at the time, it was stated they have unlimited visitation rights and could request change as circumstances changed. The ex-husband will not agree on a joint custody agreement because he already gets to see the child without restriction, however my wife has to work around their schedule for 9 years now. The child is now 10 years old

The paternal great-grandparents have legal and physical custody and do not want to work out an agreement because their grandson will not accept joint custody. The child does not reside with the father's grandparents that has legal/physical custody. The child resides with the father's mother, and father of the child(which makes it convienient not to agree on joint custody. We are a military family, stable, middle class family who has custody also of our nephew, so if the court will award us custody of our nephew due to an unfit sister, shouldn't it be easier to get some custody of my daughter back? We live overseas now and they make it impossible to allow us visitation.

Please leave any feedback or experience on these matters. Thank you.

 

[army judge]

You can bring a lawsuit.
I see this as very expensive and lengthy, and you'll lose.
Well, she'll lose, you have no standing to sue.
It is legally her child (in some way).
But, speak with a Louisiana attorney when you return tot he US one day!
I don't see this being anything but a money drain to you.
But, there is always hope.

 

[Proserpina]

If you're overseas now, you have no chance at getting physical custody unless there are exceptionally unusual circumstances (all legal guardians killed in a crash, for example).

Sorry - it's just not happening.

 

[richard9130]

We will be going back stateside in one year and my wife may go back sooner. We were going to try for it then. She saw her last year in Louisiana while i was deployed, but they limited visitation then also.

 

[Proserpina]

Here's the problem - while it's true your wife hasn't lost her rights, the child has been placed elsewhere for many years now. The court will look at what's best for the child - not what's best for your wife or her ex.

Dad presumably has had more regular and consistent access to the child, too - so your wife should expect Dad to fight tooth and nail if your wife does file for custody.

The nephew's placement isn't relevant at all.

 

[richard9130]

So what happens when the father's grandparents pass away? Does the court automatically award custody to the father's mother since the child actually lives there or will there be a chance to contest? I just don't want our rights to her to be cut off after they pass away. We get her in the summer's now and when we reside in the states, but always with restriction.

 

[Proserpina]

So what happens when the father's grandparents pass away? Does the court automatically award custody to the father's mother since the child actually lives there or will there be a chance to contest? I just don't want our rights to her to be cut off after they pass away. We get her in the summer's now and when we reside in the states, but always with restriction.

Richard, you have to get used to not using "we" and "our". Your wife has the rights - you have nothing.

Upon the death of a legal guardian custody usually reverts back to the other parent/guardian however in this case since neither parent is the legal custodial parent both will have to duke it out in court. At least on the surface Dad would appear to have something of an edge here, but it could truly go either way.

And if anyone else contests (the grandparents for example), then it becomes a sticky expensive mess and one best dealt with by attorneys.