Child Custody by Grandparent

[lsk42lin]

Wonder if anyone has any experience in this matter. Grandchild is now a teenager and has lived with me 5 - 6 years. The mother passed way a few months ago. Father has had no contact with child since then and in the past has only had contact 3 - 4 times. Four years ago, mother had child for 2 months and filed for child support against father. Four months ago, court finally held hearing and ordered child support. Father told the court that the child has lived with me for years. After mother passed away, father reluctantly gave me power of attorney to do stuff for child but wanted me to release him from child support (since the court subsequently ordered child support to be paid to me) and after finding out that I could not do that since it is court ordered, he just stopped paying child support. What are my chances of getting legal custody of child? I know the courts like to put children with biological parent but will the history of this case influence them to place the child with me? I want this child to have peace of mind knowing that she will remain in a stable home and not be jerked out of the only home she has know for the past several years.

[annjd]

It is true the bio parents have first rights. But the courts also like stability. You could possibly prevail.

It may be easier if you could all agree out of court.

The support issue is completely separate and will not effect custody.

If the court knows that the father lives in a one room apartment and has a job where he works until 2 or 3 in the morning, that would help wouldn't it?
Also, I know that he does not want the child - all he wants is to be released from child support. I would gladly give up the CS if he would agree to my having custody. Unfortunately, I have been told that I cannot do that because that money is for the child - not for me.

[tbyte]

I would hope that the father's work schedule would have nothing to do with his rights to his child.
What would make a difference is that fact that he has had little contact with the child, and the child has lived with you for several years. The fact that he has not been paying support is supposedly unrelated to custody, but it certainly won't endear him to the court.
I think you have nothing to worry about.

Thank you for giving me hope. I am trying to get together enough money to pay a retainer to an attorney but that is a month away. In the meantime, I will just carry on as usual and if he should try to get the child, I will beg and borrow to get enough money to get an attorney to represent me. I am thinking of trying to initiate a custody petition on my own but I am afraid to do more harm than good.