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    Robin3184's Avatar
    Robin3184 Posts: 7, Reputation: 1
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    #1

    Sep 8, 2008, 01:36 PM
    Obtaining sole custody of a child
    My grandson's mom is not consistent on visitation. She always changes or lives in places that are not safe for my grandson. Last incidence - she decided to leave her mom's house to go live in a homeless shelter. My son wants to get sole custody of him. What are his chances of getting sole custody. Right now my grandson lives with his Dad (my son).
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 8, 2008, 02:33 PM
    Quote Originally Posted by Robin3184
    My grandson's mom is not consistant on visitation. She always changes or lives in places that are not safe for my grandson. Last incidence - she decided to leave her mom's house to go live in a homeless shelter. My son wants to get sole custody of him. What are his chances of getting sole custody. Right now my grandson lives with his Dad (my son).


    If the mother is a threat to the child's safety or if she abandons him without food or shelter, then he has a really good chance.

    If the child is in danger - and the child might be - then he has a really good chance.

    I would discuss this with a family law Attorney in more detail, see what proof you have and/or need - and you never know until you try.

    The other side of this is - if your son has the boy now, there are no problems, are you sure he wants to take the mother into Court, open up some unpleasantness, have her "countersue" for custody.

    Maybe if he has his son now he's better just not making waves - but only you know the situation.

    EDIT: Did she simply hand over the boy or does your son have legal custody? It will make a difference.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 8, 2008, 02:42 PM
    If she is living in a shelter and has given him physcial custody, yes it sounds like he does have a good chance for now. ** of course in a few years if she cleans up, she can go back and try and get custody back.
    Robin3184's Avatar
    Robin3184 Posts: 7, Reputation: 1
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    #4

    Sep 11, 2008, 11:48 AM
    She started the paperwork to give him residential custody but she never completed the parenting class (required in all family law cases with children in Pinellas County, Florida). He finished his class, but she hasn't even signed up for the class. It has been about 4 months now. We were told we have to wait 6 months, then he can put in a motion to proceed with the order.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Sep 11, 2008, 12:33 PM
    Quote Originally Posted by Robin3184
    She started the paperwork to give him residential custody but she never completed the parenting class (required in all family law cases with children in Pinellas County, Florida). He finished his class, but she hasn't even signed up for the class. It has been about 4 months now. We were told we have to wait 6 months, then he can put in a motion to proceed with the order.


    Then I don't understand your question - the Court has already told you to wait 6 months and then file a Motion.

    Or am I missing something?
    Robin3184's Avatar
    Robin3184 Posts: 7, Reputation: 1
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    #6

    Sep 11, 2008, 12:35 PM
    That is for "residential custody". He wants to get "sole custody"
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Sep 11, 2008, 12:54 PM
    Quote Originally Posted by Robin3184
    That is for "residential custody". He wants to get "sole custody"



    His first step is residential custody; the second step would be sole custody.

    And it sounds like she's doing nothing so it doesn't look bad for him.
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