Legal Question in Family Law in Minnesota
custody of grandchild
my sister currently lives with my parents who have temp. custody of her son. The Father, who lives in WI is suing for custody. I believe mediation will not work, and am scared my parents are getting in way too deep. My sister has been in and out of treatment for alcohol abuse while the father has been sober for 3 years (their son is almost 4.) Do my parents have any rights as grandparents with temp. custody? Does my sister have any chance of getting custody of her son with no job, no money, and alcohol abuse problems? Does the fact that the father and mother live in different states have a big effect? If this goes to court, will it be a costly battle? I don't know who the custody battle will be between, the mother and father, or the father and grandparents.
1 Answer from Attorneys
Re: custody of grandchild
If the battle for custody is between the father and grandparents, I think the father is going to have the edge because he's one of the parents (assuming there's nothing wrong with him). The battle can take a very long time if it's between your sister and the father, but your sister's alcohol abuse isn't going to help her case.
With that said it's not impossible for the grandparents to get temporary custody, but parents' rights are typically superior to grandparents' rights. It will be costly if they want to battle this, but they should consult a good Wisconsin family law attorney to find out what is likely to happen in their particular situation as every situation is different. Whether you think mediation will work, it's often a recommended step in any custody dispute.
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