Forensic evaluations of the parties and the children were completed, and substantiated CLC team’s concerns. After meeting with Linda and Sam again, the children gave their attorney permission to reveal to the court how the grandmother punished them and disparaged the mother in their presence and that they wanted to live with their mother, but loved their grandmother.
CLC requested an immediate change of custody, based on the theory that the court had sufficient information to enter a temporary order without a full-blown hearing. After reviewing the considerable information available, the court changed custody of the children to their mother prior to trial. At trial, the investigation conducted by the CLC social worker and attorney was vital in cross-examining witnesses and demonstrating why remaining with the grandmother would be contrary to the wishes of the children and their best interests. A final order of custody was granted to the mother.
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*The children illustrated are not CLC clients and client's name have been changed to maintain the privacy of the parties.