I have had custody of my 10 year old grandson since 2005. The father has petitioned for custody of the child. The child does not want to live with his father. He loves his father and has regular visitation with him but when asked by myself or his therapist he states that he want to continue living with me. I have explained to him that I would not be upset if he did want to live with his father and that we could visit often but he still does not want to go. Under what circumstances would the judge award custody back to the father. The original custody case was against mother and father, doesn't mother have to be summoned on a modification?
Answer
Although bio parents have priority over grandparents, courts are reluctant to change custody if a child is in a stable environment and doing well. The mother would certainly be entitled to participate in any modification proceeding.
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