What Are My Child Custody Rights?

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My husband has had full custody of my step-son for the past two years. He will be three-years-old in August. The maternal grandparents took emergency custody when he was six-weeks-old due to the birth mother being in legal trouble. We found out that he was my husband’s son when he was almost five-months-old and had to develop a relationship with him over a six month period before custody could be determined. The mother was on probation and then failed a drug test and went to prison for a year. We went to court and she received every other weekend supervised by her parents (the parents also received the same time as the birth mothers). Almost a year later(May 2014) she failed a drug test right before she was getting off parole. They sentenced her to one month in jail. Now she is living in a halfway home till the beginning of December. The grandparents have been getting my son still every other weekend. I asked them not to take him to see her while she remained in trouble but they have anyway. Is there anyway I can revoke their rights for not sticking to my wishes since I have primary custody and the birth mother has none at all? Also the birth mother has not contacted me about her son since April 2014.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

If the custody order states that the child is to have no contact with the mother, then you can assert a claim against the grandparents for violating the order. If there is no restraining order against the mother, or any other restriction prohibiting the visits, the court will likely allow it unless it deems the visits harmful to the child. Contact a local attorney to see if you have any viable legal options under your state law.

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Author: House Attorney