History

Lilly and Jerry had a grandson, Benjamin, who was 5 years old at the time the Children’s Aid Society became involved with the family.   Benjamin’s dad, who was Lilly and Jerry’s son, was incarcerated at the time the Children’s Aid Society was called due to concerns reported from Benjamin’s school teacher that he had missed a great deal of Junior Kindergarten and was sad, withdrawn and very tired when he went to school.  Benjamin did not like talking about what happened at home but one day, he confided in his teacher that he woke up in the night and his mother was gone.  The Children’s Aid Society removed Benjamin from his mother’s care and placed him in Lilly and Jerry’s temporary care after determining that Benjamin’s mom, Sally, had a drug addiction and had been leaving Benjamin alone at night after putting him to bed.  Lilly and Jerry sought final custody of Benjamin, with supervised access visits with his mother.  Sally was not in agreement and also sought custody of Benjamin.

Issues

The issue of custody and access was complicated by Sally’s drug addiction.

Resolution

Sally attended a 30 day in patient treatment program and was successful for a while in staying clean.  She relapsed several times while the child protection litigation continued.  Lilly and Jerry and the Children’s Aid Society were required to fully litigate the issues of custody and access of Benjamin.  After 1.5 years of litigation, Lilly and Jerry were finally awarded full custody of Benjamin after a 5-day trial with supervised access to Sally.