Re: Custody

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On 9/08/08, LORRIE M. WEAVER wrote:
> I am writing because my son is currently going through a
> custody battle for his son. He, my grandson and his
> girlfriend lived with me for a little over six months but
> things didn't work out for them and she moved out of state
> to her parents without my sons knowledge. During the time
> they lived with me he was a better father than she ever
> was a mother and I would never say that just because he is
> my son but because of what I actually witnessed. She moved
> back to her parents because they will give her whatever
> she wants as long as she lives with them. They have a lot
> more money than I do but my son really loves his son. He
> has a lot more stability for his son other than the fact
> that her parents have more money. Does he have any chance?
> She currently has no job and is also under investigation
> for insurance fraud from her previous job but I have no
> doubt that her parents will lie for her to get what she
> wants.

Many of the appellate cases I deal with are child custody.
It is without a doubt the most contentious of all
litigation. There is nothing more vicious and hateful than
a former couple fighting over a child.

The court's primary concern is always the best interest of
the child. This is only logical. Each state has its own
rules and statutes that control child custody cases.
Interstate cases like the one your son is apparently facing
are not subject to federal jurisdiction so which state has
jurisdiction will likely be the first battle to be fought.

In most states the rules of evidence for family courts
(child custody) are much more liberal than in civil or
criminal court. Matters that would be inadmissible in civil
or criminal court may be allowed in a family court
proceeding. Much weight will likely be given to the "expert
opinion" of child service employees and psychologists and
you may not be able to produce your own psychological
expert. (The court and state child services often choose
which psychological experts will be allowed access to the
child) Any criminal problems of either parent will weigh
heavily even if it is only an arrest record without a
conviction. Substance abuse (even if unproven) is also a
big concern.

Money is a consideration but usually only to the extent that
there are enough resources to provide a safe and healthy
home for the child. (i.e. Brittney Spears money didn't win
her custody of her kids)

If there is any way to reach an agreement (stipulations)
that can be ratified by a court, that is probably your best
solution. Whether you engage in adversarial litigation or
reach a stipulated agreement, if your son and you are
serious about getting custody or at least shared custody of
the child on reasonable terms, you need an attorney
experienced in family law. If the jurisdiction turns out to
be in an out of state court, you should retain an attorney
in the state of jurisdiction.