If the mother goes to jail can the father who have visitation rights get sole custody of child over the maternal grandmother

Q: the mother was arrested for armed robbery, father has case against mother for aggravated assault, she threatened father and paternal grandmother, their is a history of her making domestic violence allegations against father and then dropping charges. father and paternal grandmother work and can afford to care for child and have resided at the same residence for 25 years. maternal grandmother receives government assistance and has many medical issues, the child is almost 6 years old and has requested to live with paternal grandmother and father, child cries when she has to return to mother and maternal grandmother after every visit,


A:  David's Answer:  It would seem you have a basis to at least file for custody, but as to whether you will win depends on an assessment of many factors. For instance, I would want to know why the child was with the grandmother in the first place, as opposed to the father. As such, you're best advised to schedule a consultation with a Bronx Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)