Legal Question in Family Law in Arkansas
What are the legal rights of custody
Two years ago my daughter and her husband at the time signed over custody of our grandchild over to myself and my wife, because at that time they had no home or job or any place to stay and the police had told us they were going to notify our local dhs office because they were basically walking the streets with the baby. since then they both have not kept a job over 3 months at a time and have lived in several places. they both have been in trouble with the law several times each also. in the custody papers that we paid a lawyer to do back then states that basically they were homeless and unable to take care of their child and no visitation or child support was asked for or stated and they both agreed. we do let both of them see the child most of the time when they call and ask to. now my daughter is back living with the dad of the child while he is separated from his wife. what i would like to know is what rights do they have and we have because they have made the comment to others that they were wanting the child back and think if they can straighten up for awhile they can get her back and that they have been talking to lawyers and a judge about this. thank you
2 Answers from Attorneys
Re: What are the legal rights of custody
First, let me say that they may have spoken to a lawyer, but they have not spoken to any judges about it. Judges are prevented from speaking to them ex-parte and to face it, judges do not have the time to mess around with it until a case has been filed. My guess is that they talked to the next-door-busybody and are trying to pull a fast one because you don't know any better.
IF your lawyer filed a guardianship, which I think should have been done, then they will have to file a motion to set-aside the guardianship. At this point that will be difficult to do.
IF your lawyer only prepaired a power of attorney, then you may have a problem in that a biological parent will have a preference over a grandparent unless you can show the parent unfit through drugs, abuse, going to prison, etc.
I guess that the bottom line here is that yuou need to be talking to an Attorney FACE TO FACE instead of getting free advice on-line where it is difficult to find out what really is going on here.
Re: What are the legal rights of custody
...custody depends on the best interest of the child or children
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
