Question:
I have had custody of my granddaughter for 4 1/2 years and my daughter has done nothing in all those years to try to get her back. She visits twice a week, most weeks she never calls for the visits and the courts set all of this up. Now she’s taking us to court and attempting to get her back. What rights do I have?
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Answer:
The Court would need to determine that it would be in your granddaughter’s best interest for her mother to have custody. If she has not exercised her visitation over the past 4.5 years, that is not really a good indication that she has a strong and positive bond with her daughter. However, you should consult with a local attorney to make sure that your case is properly presented to the Court.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Albany, New York Child Custody Attorney. This does not consent an attorney client relationship.
