Can grandparents get child custody if the child wants to live with them? 15 Answers as of August 24, 2011

My mother died and my father used drugs in the past and never paid child support and constantly drinks liquor. Can the father force the 13 year old to live with the him since the son does not trust him and does not want to live with the father? The 13 year old kid wants to live with his grandparents instead.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The grandparents need to commence a nonparental custody action.
Answer Applies to: Washington
Replied: 8/24/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
It would require a great deal more than the desires of a child. under the law, parental rights are very powerful and cannot be usurped without a very good reason, usually requiring a demonstration that the parents endanger the minor child.
Answer Applies to: Minnesota
Replied: 8/18/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You don't provide enough information about the situation or the history to provide a simple answer. It is possible for grandparents to obtain custody, but the details necessary to determine if and how that might be accomplished are missing. You need to consult an attorney who can discuss things more fully.
Answer Applies to: Colorado
Replied: 8/15/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
They could file a guardianship action given the mother is deceased and father sounds unfit, and child would agree and wants to live with grandparents.
Answer Applies to: Wisconsin
Replied: 8/15/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
The childrens grandparents will have to file for legal guardianship.
Answer Applies to: California
Replied: 8/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    The grandparents would have to petition for custody in the Juvenile Court in which the child lives.
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    It depends on what the court decides is in the best interest of the child. Please discuss this with a local domestic relations lawyer.
    Answer Applies to: Ohio
    Replied: 8/14/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Depends. This must be heard by judge to make decision. Ordinarily grandparents have no rights, but under circumstances described court may make an award.
    Answer Applies to: Alabama
    Replied: 8/13/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Hav your grandparents call me. I will help them.
    Answer Applies to: New Jersey
    Replied: 8/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you consult with a lawyer about your rights and options, including the possibility of a deprivation action. Good luck!
    Answer Applies to: Georgia
    Replied: 8/13/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    It is possible for grandparents to obtain custody of a grandchild. The grandparents need to consult with a family lawyer regarding the details of the situation in order to determine the viability of a custody case.
    Answer Applies to: Georgia
    Replied: 8/13/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, the onl y way you can live with your grandparents is if they petition the court for third party custody proving your father is unfit or your father agrees.
    Answer Applies to: Washington
    Replied: 8/13/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    As a general rule, biological parents take priority over everyone else when it comes to custody of a child. Since this child only has one surviving parent, then, the child is going to be with that parent. The only exceptions to this that come to mine are: (1) if the father agrees to the entry of an order giving custody to the grandparents or (2) if the grandparents take the father to court and convince the court that the father is an unfit parent.
    Answer Applies to: Washington
    Replied: 8/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    the grandparents can apply for custody in Superior Court or guardianship in Probate Court
    Answer Applies to: Connecticut
    Replied: 8/13/2011
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