Sole legal decision-making and visitation rights

Assume you represent the maternal grandparents who wish to petition the court to be awarded sole legal decision-making and visitation rights for their eight-year-old grandson, Charlie. The maternal grandparents tell you that Charlie’s Mother, Amy (their daughter), just recently passed away from cancer. The maternal grandparents inform you that Charlie’s Father, John, works the night shift as a security guard. They also inform you that as a result of Amy’s death, they believe John has started to abuse prescription medications. You also learn that John was arrested for a DUI two (2) weeks after Amy’s death, although his license has not yet been suspended and he has not yet been convicted.

Based on the circumstances above, what is the likelihood that a court would grant the relief that the maternal grandparents are seeking?

 

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