Paternal grandma in Georgia currently has had physical custody of 2 granddaughters ages 8 and 10 since June or July. Going to school there. By agreement only. Their mother In ny has current dwi in ny court pending decision, .17 bac, Mvi, prior cps involvement which was closed because kids are not with mom. Grandmother is filing for custody in ny court because mom wants o get children back in May stating sobriety. We just want some longer term sobriety and legal oversight for proof and assurance that she is attending programs etc before children are allowed to go back due to long history of alcoholism , relapse, and neglect. Grandmother has letter from cps stating such. Is the chance good that the court will decide in favor of keeping the children safe until Mother proves she is able to provide a safe home environment?
The scenario described here does not appear to establish a job for a lawyer to do. Lawyers do not confirm sobriety and do not check on a parent. Lawyers cannot predict how a court will react to grandparent custody.
A lawyer can represent the grandparent and face whatever litigation process the court wishes to impose. If the mother of the subject child is on drugs or alcohol, then the facts will speak for themselves and the court will not change the grandmother's position.
Please do not message me here on Avvo. The original question does not accompany your message so I have no idea what you are talking about. Simply respond as a comment under the question and I'll see the comment and know which question your comment applies to. Always remember I am not establishing an attorney/client relationship with you here and I am not giving you legal advice for your case. I am only providing an education in the workings of the law using your fact pattern as an example and in no way am I helping you prepare your case for court. Further, I do not know your case. If you retained a lawyer, do not use Avvo to second guess your lawyer. Your lawyer knows your facts.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline