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vicky2009 · Jun 13, 2010, 10:33 AM

My son's daughter gave him costody through court of her 9 month son because she didn't want to take care of him, he is now 2 an a half years old and she is taking him back to court for him back . My son is sick about having to give him back because she has 3 other childrean now and can't even take care of them and he won't be cared for either. He is a great grandfather and she seen and took her son when ever she wanted to. What is his changes on keeping him what can he do. Please help heart sick about all his

GV70 · Jun 14, 2010, 12:12 AM

No one can predict what will happen.
Generally the parent has superior rights over third parties about child custody. But your case is different-your son has been the primary custodian/caregiver/ for more than twenty months and this fact make your case different.

GV70 · Jun 15, 2010, 01:08 AM

However, in a dispute between a parent and a third party, the third party has a greater burden, which is, that the proof that he or she is required to present must be clear and convincing that the children remain with her or him.

Some of those circumstances may be as follows
1. the children have been with the third party for a long time, or
2. the home of the natural parents for some reason is not fit, or
3. the parents themselves are not fit at the time that they wish the return of their children, or
4. the child is old enough, such as being a teenager, and does not wish to be with this or her parents