All parties were in favor of custody transfer of minor child to maternal grandparents , and voluntarily signed the motion . Judge approved the motion and submitted the order through the court - Maternal grandparents ( intervenor / third - party ) now have sole physical and legal custody . The reason for the transfer of custody was that it was in child best interest as grandparents were stable and financially , and emotionally better able to provide for child . Intervenor are ready to transfer custody back , intervenor believe mother should have sole physical custody and joint legal with father of child , how does this work ? What role does child father play if not petitioner ? What weight do previous custody orders carry ? How is decree modified ? There are concerns w / fathers ability to parent and provide
Criminal Defense Attorney
Third-party custody arrangements are very difficult situations. I would start with the original third-party custody order and see if transferring custody back to the biological parents is addressed in it. What was agreed to by the parties previously and what the court ordered will both affect any future custody proceedings. I suggest speaking with a lawyer immediately to fully evaluate your situation.
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3 lawyers agree
Divorce / Separation Lawyer
These situations can be complex. In addition, the custody order should include a trigger condition (or conditions) for restoring custody to the parents. This will have to be a legal proceeding to restore the custody. All of the questions you asked will be fact specific and are the kinds of things that will may need to be argued before a judge. Because of all of these issues, this would be difficult to resolve on an internet forum like this.
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Family Law Attorney
This is very complicated. The intervenors do not get to simply choose whom to transfer custody back to - basically, the mother is going to have to file a motion to regain custody. The grandparents certainly may support that petition. But, the father will certainly have a say in this as well, and he may agree the mother should have sole physical, or he may not. A detailed parenting time order, child support order, etc. would have to also be entered. You need to retain a family attorney ASAP.
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