Can I have child custody of my grandchild? 9 Answers as of September 21, 2011

If your daughter has a child, then your daughter and the child's father have the right to make decisions regarding the child. Your obligation is to continue to support your child.

You can seek a guardianship.

You can apply to become a guardian through Probate Court.

If an unmarried female has a child, she is that child's sole legal custodian/parent. The father can gain joint legal custody if he legitimates the child. As the grandmother, the only right you would possibly have is visitation. You are only entitled to whatever decision-making responsibilities that the child's mother (your 16 year old daughter) grants to you. The only way to change this would be if you were to successfully file a petition to have the child taken from your daughter and custody granted to you.

A non-parent can only obtain custody of a child if that person can prove that it is significantly detrimental to the physical, mental, emotional, psychological or moral well-being of child for either of the child's natural parents to have custody of that child. It is an extremely high burden to prove and the court presumes that a parent should maintain custody of his/her own child. If you believe the child's well-being is at risk in your daughter's custody, I recommend you speak with an attorney to discuss your options.

Your daughter would be deemed to be the mother of the child. She would have the rights and responsibilities as the child's mother. If your daughter is residing with you, she may chose that you be involved in some decision making with her.

You are not legally allowed to make those decisions unless you go to court and get custody of the child.

Until you have guardianship or adopt the grandchild, sadly you do not have any rights regarding the grandchild.

Not without a court order establishing your parental rights or appointing you as the child's legal guardian. Generally, either possibility would be difficult over your daughter's and the father's objections.