Can a grandparent get guardianship of grandchild? 18 Answers as of May 13, 2011

My minor daughter has sole custody of my grandchild. Her and her baby live at home with me. Recently my daughter ran away leaving baby with me. I was just supposed to be watching him for a few hours but she ran off with the baby’s father. She has been gone over a week and this is not the first time she has done this since baby has been born. My grandson is 9 months. My daughter just finished her home detention for the previous runaway. That time she was found by police because she got caught shoplifting.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Yes. It sounds to be in the child's best interest that it be placed in your custody. Stay well.
Answer Applies to: Alabama
Replied: 5/13/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
File the paperwork with the court and you should be fine.
Answer Applies to: California
Replied: 5/12/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
Absolutely - the local Probate Court is where you would go to apply. Let us know if you need any help. Good luck.
Answer Applies to: Connecticut
Replied: 5/12/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Yes you can. We handle guardianship cases here at the Fox Law Firm. We will petition the courts for guardianship of the minor child and explain why you need to be the guardian at this time. When granted, it is granted for a period of 1 year, at which time you simply go back into court and inform the judge that you would like to extend it another year or that the mother had gotten her life on track and you do not need an extension. Contact us today.
Answer Applies to: Illinois
Replied: 5/12/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
The general answer is yes. There are two different legal proceedings that may be appropriate: guardianship under the probate code and allocation of parental responsibilities (formerly custody) proceedings under the dissolution of marriage act. You should consult an attorney to evaluate the actual facts and circumstances to determine which is the best way to proceed.
Answer Applies to: Colorado
Replied: 5/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is not easy to seek third party custody. It would require a showing that the child has lived with you in a parent-child type relationship and that the parents (both of them) endanger the child if the child is in their care. You should consult with an experienced attorney in your area.
    Answer Applies to: Minnesota
    Replied: 5/12/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes, you go to court and get guardianship. Sorry to hear what your daughter did. Your grandchild is lucky that you will be there to raise him. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 5/12/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    You may be able to file for third party custody of the child. Please see an attorney to obtain more information about such a filing.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You should file an action for Guardianship of your grandchild, under those circumstances.
    Answer Applies to: California
    Replied: 5/11/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Sounds like you have grounds to obtain guardianship of the child.
    Answer Applies to: California
    Replied: 5/11/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, you need to commence a third party/nonparental custody action.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    I am sorry to hear about your daughter's troubles. That is a very unfortunate situation for all of you. If I were you, I would seek to have yourself appointed as Legal Guardian of your grandchild so that you can provide him/her with the proper care and attention that he/she deserves. A family law attorney can help you with the necessary paperwork and/or represent you at the court hearing. Best of luck.
    Answer Applies to: Massachusetts
    Replied: 5/11/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Your daughter can give you "guardianship" or you can petition the court to be the guardian. However, are you actually asking whether you can become the primary caretaker of the child? Your ability there is limited but if you keep up a significant relationship with the child and can prove both parents are unfit, you can be awarded custody. See an experienced family law attorney.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    If you live in Western Washington, please feel free to call my office to set up a free, no obligation consultation-in person or by phone-with an experienced family law attorney about your case. Sounds like what you want is third party custody.
    Answer Applies to: Washington
    Replied: 5/11/2011
    MRM Law Offices
    MRM Law Offices | Matthew Miller
    Petition for Custody Absent an agreement from the parent or parents of a child, a grandparent must file a petition for child custody. The petition is filed in the court in the county where the child currently resides. The clerk of the court likely maintains a petition for child custody utilized for this purpose. Contact an attorney in Chicago.
    Answer Applies to: Illinois
    Replied: 5/11/2011
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