Temporary custody father vs. grandmother?

Question

my idiot sister went to court yesterday for a custody battle with my niece's father and when she was tested she showed positive for marijuana, lets not even turn this into a discussion about her cuz she most definetly ****** up and should not have the baby with her, however myself and our mother love my niece so much and my mother has been with her since day one. my sister has always lived with my mother and my mother has provided everything financially, and emotionally for my niece. her father on the other hand denied paternity until the dna test was done, when she was one, never gave a dime for her, would spend months without seeing her and now "wants to be there for her" i feel like its too little, too late. my mother even has a live in nanny for the baby who's two now. my question is could my mother file to get permanant physical custody of my niece? court is in october, and if my sister doesn't show up will they automatically give it to him? this is a very painful situation as he is using this to control us, he wont let us see the baby or anything.... btw we live in NJ

Answer 1

First - the judge will want to know where the child has been(they don't like changing this arrangement).

Second - women 94% - 96% of the time get the children.

Third - He'll have to show how your sister is a threat to the child.

Your case isn't perfect but there isn't a very big chance she'll loose the the child. I recommend you start now to show that the child has a very clean house to live in and make a record of the child's activities every day. This log will show a track record of involvement - the father won't have a log.

The log should include lots of educational stuff.

Answer 2

Your mother needs to consult with her attorney now.

The standard for custody suits in all states is that the court is obliged to act in the best interest of the child.  Your mother may be in the best position to let the court know the benefits she can provide the child, but she will need to know how to present that information to the court.  Her attorney will tell her how to do it.  It may cost thousands of dollars and months of her time, but the future of that child is worth it.

Going forward in a custody matter without the advice of an attorney is very foolish.

Answer 3

I search laws of Grandparental, third party rights for New jersey.. This is acurate for Pennsylvania and New Jersey...

Custody Petitions

Recognizing that so many children are being raised by a person who is not their parent, Pennsylvania has changed the law. New statutes allow custody petitions by (a) a biological parent or (b) a relative or person who has acted "in loco parentis" (serving in a parental role) for 12 months or more.

There are alot more details to this.. I know for a fact that you will need a lawyer, as well as to terminate the fathers rights.. Ther is a limit to Granparental rights or third party rights.. The father would need to be found unfit, or you could take abandonmint charges out on the father if he has been absent for a while.. Here is the link you could check as well as call a lawyer to help you.. Good luck on this , I wish you all the best...