My husband has a son who is 7 years old. The maternal grandparents have primary physical custody my husband having shared legal custody with visitation. The maternal grandparents talked my husband into filing for custody against the mother because she up and left when he was a year old. They in turn filed suit against my husband saying the child resided with them his entire life. Which is not true he was in the hospital for about a year of his life, he had to have a liver transplant, but he is doing extremely well, thank goodness. They won. My husband has not missed any visitation and he has tried to get him more than custody minimum but the grandmother denies any and all requests for more time. He does not pay child support, they insisted they did not need it to care for the child, now all of a sudden the grandparents want to know how much money we have in a savings account for him, money should not be an issue, he has nice clothes here more than enough as he is only here overnight 2 weekends a month. He has his own room which helped to design, plenty of toys, books and educational things that we do when he is here. My husband and I have been together since he is 2, so pretty much I have raised him also, therefore he is our son. He calls me mom! It's a great feeling as my husband and I do not have any other children at the moment. We have agreed that we will not have anymore children until we have custody of the one he already has. Anyway, two years ago was the first time my husband was allowed to get him for Fathers Day, and that is the only year so far. He was not allowed last year, and this year for Mother's Day the grandmother insisted that she was picking him at 8:30 in the morning for Mother's Day, even though this is my husbands weekend to have him until 8:00 p.m. sunday. My husband told her that she was not getting him she told yes she is he better be ready when she gets here. She showed up at our house and pounded on the door for 45 minutes until my husband finally opened it because the state police said its not trespassing because she has primary physical custody and my husband only has shared legal custody. We have talked to a lawyer he says that my husband and I have a good chance of getting primary physical custody, my question is are the maternal grandparents going to be able to keep taking us back to court as they have money to burn. They are also in contempt of court in a number of things for instance the custody papers say that the grandmother is responsible for providing copies of social security card, birth certificate, medical records, etc. to my husband he has not received any even after numerous attempts to have her give him a copy, as far as school records she is supposed to do that too. She is not my husband has to go to the school every marking period to get a copy. Yes his name is listed with the school to be mailed but they are not doing so. Please help us!!!

First, are you keeping a journal?
You need to keep records of every visit with him, times he was picked up and dropped off, what you did, etc.
Keep getting those records, no matter how much effort it takes - the more effort Dad makes, the better.

Go ahead and file..... He's the boys Dad. If Dad is able to get custody, it will be more difficult for Grandparents to fight for custody later... At the very least, file to have visitation modified so that Dad gets him half the time...

Perhaps ask that it be gradual steps to move him into the home with Dad... a few days a week (every week), moving to half the week, then gradually move to living with Dad.

You have an attorney already, as you've stated - use him. Make the plunge and file to modify the custody order.

God Bless!
Amy

Your husband needs to make sure that the atty he hires (and he does need an atty) specializes in grandparent custody/visitation. It's a whole new ballgame when GPs are involved.

Will my husband have to also take the mother back to court even though she has no visitation or custody? My husband says that he doesn't think her rights were terminated. His custody papers just say that mother has not been granted any visitation or custody in this matter.