Does the grandparent have any custody rights to the grandchild? 15 Answers as of May 31, 2013

My 19 year old daughter wants/has given up her 15 month old son for adoption and has always lived in my home. Do I have any rights for custody?

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Reza Athari & Associates, PLLC | Seth L. Reszko
Preference is always for custody to the parents, but grandparents do have a right to custody in certain situations when the best interests of the children dictate that.
Answer Applies to: Nevada
Replied: 12/14/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
NO.
Answer Applies to: Texas
Replied: 5/31/2013
The Zwiebel Law Firm, LLC
The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
In Alabama a grandparent will have rights if the parent is proven unfit. An adoption does not prove the parent unfit but I would hire an attorney to contest the adoption. If you can prove that you are the proper person for custody then you may with the adoption hearing.
Answer Applies to: Alabama
Replied: 12/1/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
A Grandparent may have a right to establish a guardianship over the grandchild PRIOR TO the adoption process being completed. It is extremely important to start the guardianship proceeding in court as soon as possible. There are many factors to consider in order to give you a legal opinion on your case. When you are dealing with children, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
Answer Applies to: California
Replied: 11/30/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
No. Parents have the absolute legal right to choose if, when, and how to relinquish parental rights to permit an adoption. In Colorado, if you have actually been the child's primary caretaker for more than the past 6 months, you might be able to pursue custody if there is not actually an adoption case in progress. However, merely living in your home with your daughter does not constitute you being the primary caretaker.
Answer Applies to: Colorado
Replied: 11/30/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You have a right to petition the court for guardianship requesting the child's placement in your care if the mother and father of the child do not want the responsibility of the child's custodial care.
    Answer Applies to: California
    Replied: 11/30/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Regrettably, grandparents have no custodial rights regarding their grandchildren.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If your daughter and the baby's biological father consent to you adopting your grandchild, you will likely be able to adopt your grandchild via Probate Court proceedings that you would need to institute.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    No. There used to be a statute in Washington giving grandparents certain rights. However, it was declared unconstitutional a number of years ago. At this point, a grandparent wishing to assert some interest in a child is going to have to do so through a third party action.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Hurry up and file a third party custody petition.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    You could ask the Court to make you the child's guardian. But your success depends on how far the adoption proceedings have gotten.
    Answer Applies to: California
    Replied: 11/30/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Would your daughter fight you on this? I would expect her to give you custody if she wants to give the child up for adoption. If your daughter does not want to give you custody or guardianship of the child, than you will have to approach it through the agency and the court system. I suggest you contact a specialist in adoption matters ASAP.
    Answer Applies to: California
    Replied: 11/30/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Not really. You can try to adopt the child yourself.
    Answer Applies to: Michigan
    Replied: 11/30/2011
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