Custody Action: Running the Gambit in Family Court
The facts and circumstances of custody cases vary widely from family to family. Oftentimes, particularly when the dispute is between natural parents, parties are able to resolve a custody matter via an agreement without substantial court involvement. When the relationship between parents is particularly contentious, however, or third parties are participants(third parties being anyone that is not a natural parent), the issues involved can be more complex. They can also include cases of child dependency, which generally involve the child welfare agency taking custody of a child. While somewhat less common, private dependency petitions can also be filed by caregivers of a child or, in cases of teenagers with behavioral issues, by police familiar with the family and the child’s behavioral challenges.
Even more rare are cases that make their way through both custody and dependency (juvenile) court. Each and every family has a different dynamic and unique needs, so it is not unusual to stumble upon novel issues from case to case. It reinforces the need to have an experienced and battle-tested attorney to confront any issue that might arise during the life of your custody case.
Gaydos Law recently handled a custody case between a mother and maternal grandparents in which the grandparents had cared for the child for many years. While mother had occasional contact with the child over time, her struggles with addiction meant that involvement was sporadic. Still, mother filed many requests to modify the custody arrangement of the child remaining with the grandparents, seemingly with no intention of ever truly reunifying with the child. After many attempts to resolve the issue of custody with mother, and father sadly passing away, the grandparents took matters into their own hands and filed a private dependency petition. This triggered the involvement of the county child welfare agency. It was a bit of a long road to establishing true permanent living arrangements for the child, but after much deliberation on the totality of the family’s circumstances, mother agreed to terminate her parental right and allow the child to be adopted by his grandparents.
One final twist likely had a lot to do with the parties agreeing to the overall outcome: the parties participated in adoption mediation. Mediation itself is generally the process of interested parties sitting down with a neutral “referee” to assist the parties in finding common ground and resolving a legal dispute. Adoption mediation, while somewhat infrequently utilized, is used to finalize a permanency plan for the child and it is assumed that if the parties are participating in adoption mediation, that the likely outcome is an open adoption. Briefly, an open adoption is one in which the adoptive parents agree to allow some contact with the child even after a parent’s rights are terminated. Here, this outcome provided the stability the child needed and the possibility that he might have a relationship with his mother in the future if he desires.
Custody cases can be difficult to navigate without counsel who can competently guide you through the unfamiliar and often unanticipated circumstances that may arise. At Gaydos Law, our experience, compassion and determination to see your case through to the most favorable outcome possible set us apart from others. Our knowledgeable attorneys are ready to handle your custody case today.










