Um... Are you asking for "instructions" for a grandma to follow to win such a jury verdict? ...Are you baffled by a trial where this was the outcome and are asking "how can this be?" ...With all respect, your question is way too broad for any of us to offer any useful insight. Grandparents sometimes can obtain custody under special circumstances. It's neither easy nor common, but it does sometimes happen. If you want more specific insight on a case that has gone to trial, maybe you should rephrase your question to include: (1) what your stake in the case was (were you a bio parent? a grandparent? a concerned friend or relative? a child?) (2) who filed the custody case, what the allegations were, and what kind of custody was ordered at the end of the trial (joint managing conservators with a grandparent as one of the JMC's? --grandma getting sole managing conservatorship? --grandma getting an order granting access and visitation?).
Or, if you are a grandparent or know a grandparent who wants to get custody, lay out the grandparent's concerns and some of the facts giving rise to the concerns.
OR--bring specific questions like this to an experienced family lawyer in your area and get a case evaluation. Many family lawyers offer free initial consultations. Good luck!
The information provided by this attorney is for general guidance only, and is not to be considered as advice specific to any particular person, legal matter, or case. For specific advice regarding any legal question or matter, you are encouraged to consult a qualified attorney in the appropriate jurisdiction. If you wish to consult with Mr. Little regarding your legal matter, you may contact him at (888) 404-0777.
I agree with Attorney Little but want to expand on his answer a bit. First, you have to have standing to file for custody. Generally, this is when you've been in care of possession or control of the children for six months. Second, you have to demonstrate that your custody is in the best interest of the children at issue.
This is tough-- especially at a jury trial, when it gets really tough and you're bound by a lot more rules. Family court is traditionally more informal than other courts but judges really stick close to the rules when it comes to juries. I'd strongly, strongly recommend you sit down with a local attorney to discuss your case.
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