Custody issue

[NORESPECT]

Dear SOC!

I have a couple of questions but first a little background.

This is about my grand daughter who is a 1 year old.  Mother lived with daughter most of this year in same town as I do. She had physical custody of the child for the majority of the time.

My son (the DAD) in the military lives in another state about 3 hours drive. He's had child off and on weekends and some weeks here and there. We, the grandparents have also had the child nights and weekends frequently.

They have never been to court, so there is no CO and never been married. Father pays $250.00 a month CS. (again there is no CO)

Mother asked father to come get child and keep her until the current school semester is out, Sometime in May. (That will be about 3 months) She goes to college, gets support from her family and has a one-bed apartment.

I have a gut feeling the child is not in the best environment. Mother seems to have anger problems, neglects child, although nothing that can really be proven in court. Kept log of nights she spent with us, not properly dressed, same clothes on after 24 hours, has a new boy friend every other week etc (not a real problem with that other than it takes attention away from the daughter) ....Just wonder what goes on behind closed doors and really worry about grand daughter. (I believe a proper phyc eval may uncover some issues! but I ain't a Doc am I?)

Bottom line is my son and I feel she would be better off with him!
He's got a 3-bed house he rents, has full time childcare set up and will get married soon. Mother still hopes they will get back together again, so I'm sure that's why they haven't gone to court yet. But when she finds out he is married I'm guessing all hell will break lose and she will take him to court! Either way it's a matter of time!

Owe! My son is in the military so he is subject to move as well as his family.

So here are the questions:

1. If my son takes her to court in his state, say in 3 months from now in May (child born in state where mother resides) what are the chances of getting physical custody?

2. If physical custody is granted to mother, is the fact that he took the initiative to have a CO weigh in his favor as far as visitation?

3. Is the fact that he is in the Military going to be a negative factor! I know it shouldn't but some judges don't look favorably on it! (I was in the Military for 30 years and raised some great kids)

I know 50/50 physical is probably out since they live so far apart and he is subject to moving!

Thank you


 

[socrateaser]

>1. If my son takes her to court in his state, say in 3 months
>from now in May (child born in state where mother resides)
>what are the chances of getting physical custody?

Child must reside in the state for at least 6 months before a custody action in that state may be filed. However, even if you were in the same state, the court will try to maintain the current arrangement unless you can prove that the other parent is acting against the child's best interests.

In short, the person who has the most custody before they come to court, almost always is awarded primary physical custody, absent a showing of actual injury to the child.

>2. If physical custody is granted to mother, is the fact that
>he took the initiative to have a CO weigh in his favor as far
>as visitation?

Irrelevant and immaterial.

>3. Is the fact that he is in the Military going to be a
>negative factor! I know it shouldn't but some judges don't
>look favorably on it! (I was in the Military for 30 years and
>raised some great kids)

No, it's not a negative, but it doesn't help, either.