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I have sole legal custody of my grandson, mother and father drug addicts, no visitation ordered, can parents get custody back?

Laurel Springs, NJ |

I was awarded sole legal custody of my grandson in April 2013. There was no visitation ordered for the parents. (parents drug addicts and homeless) Very little contact with the child by parents, their choice. This is NOT temporary custody but my order also does not specify permanent either. My question is, if one or both of the parents complete drug rehab, get housing and jobs, can they re-gain custody? I think it would be in the child"s best interest to remain with me and not removed from the one stable home he knows for the past 6 yrs. The child is 7 yrs old. Thank you for your advice/answer.

Attorney Answers 3


  1. Best answer

    Unless there is an order that terminates the parents' rights to the children, then yes there is always the possibility of either one or both parents regaining custody. But possibility does not necessarily mean likelihood based upon what you describe. However, parents do make recoveries. You use the right term when you describe the child's "best interests" because that is what the court would base any decision on should the parents seek to have custody returned.

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  2. Either parent, or both, can make an application to the Court seeking parenting time and/or a return of custody at any time. The Court will make a determination on that application based upon the best interests of the child. Given what you have described above, you may have a claim for continued custody and/or consitent visitation with your grandson, but there are several factors that you would need to discuss with an experienced Family Law attorney before making that determination. I urge you to consult with an attorney regarding your matter. The articles located at the link provided below may also offer some additional helpful information. Best of luck to you!

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  3. The parents can seek custody again and courts are generally receptive to reuniting parents with children.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed

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