third party custody issues

[mbatde]

Does anyone have any info in relation to custody cases in which a third party (non-biological parent) has custody?  Everything seems to relate to situations like divorce, or at least one bio mom and one bio dad.

IE: My husband was never notified of custody proceedings 9 yrs or so ago.

Custody went to maternal grandmother. (Bio mom assented)

Maternal grandmother found bio dad last yr.

"gave" her to bio dad, but later took her back.

Trying to get her back, now, legally.

Any precedents or ideas to help us.

I would think that this represents a signifigant change of circumstance, but i know that it is hard to get an order overturned.

Any help appreciated!

[NoNicky]

We're in much the same situation.  Right now BM's parents have temp custody pending the outcome of our current request for custody.

This gets to be a tricky legal issue.  Many states have laws that basically say the rights of a fit parent to the child always outweigh those of a grandparent.  However the law is often blatantly disregarded in famly courts.  The claim is that "in the best interest of the child" he/she remain where they have been to promote stability.

If you don't have an attorney; get one.  Also what state are you in.  Then maybe someone can give you specific statutes to look at.

NoNicky
For God has not given a spirit of fear; but of power and of love and of a sound mind.  1 Peter 1:6

[mbatde]

HI.  Thanks for the reply.  We are in Mass, the child had been with us for 8 days less than 6 mos, by way of notarized letter to transfer custody.  Child is now in NY, where the grandmother has court order of custody dating back to 1995.  

If you want all the gory details, there was a really long post i bored everyone with earlier.

Maybe I will get lucky and youll be in one of "my" involved states!

Too bad many have experiences like this!

[NoNicky]

I saw the long post after I read this one.  I'll be pretty much tied up most of tomorrow with our own case but will get back to you as soon as I can.

NoNicky
For God has not given a spirit of fear; but of power and of love and of a sound mind.  1 Peter 1:6

[mbatde]

PLEASE dont take time you need to do other things, ESPECIALLY your own case, just to read mine.  I appreciate your taking the time that you already have....I know I am long-winded....Thanks again!
AMY

[Peanutsdad]

Here in Texas,,

I know of a person with similar circumstances,, they in fact frequent this board.
The maternal aunt got custody over a fit father with no finding of fact against the father.


Texas also has that fit parents take precedence,, but it gets ignored in court.