If my son’s grandmother has had him since his birth, how easy will it be for me to get full custody ifhis mother now wants him?

My son’s mother wanted an abortion and then wanted to give our child up for adoption. My mother has had him since he was 2 months old; he is now 2.5 years old. I have provided full support and his mother just started coming into his life. Now she wants to get custody so she can start getting welfare for him. How hard will it be for me to get full custody if she is: a stripper; high school drop out; doesn’t provide care for her other child; and is a drug addict?

Asked on September 7, 2011 under Family Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Although it is not possible to predict the outcome of a particular case, you have very strong arguments for being awarded custody.  The court will consider the best interests of the child in determining custody. There are two types of custody; physical (the parent with whom the child lives) and legal custody (making decisions about the child's education, healthcare, etc.) Since your son has had no contact with his mother until now, it is unlikely that a judge would grant her physical custody; especially, when considering the strong arguments you have presented against her. It is possible that you and she might be granted joint legal custody. 

 


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