How can I get legal custody of my granddaughter? 18 Answers as of July 03, 2013My daughter is 19 years old and she has 2 babies and 1 on the way. My granddaughter is 3 years old and her father is in the picture maybe 3 times a month. My daughter goes to the new baby's father's house and my granddaughter is not happy when she goes over there. It's safer for her to be in my home. How can I get custody of my granddaughter?
Alfred Law Firm | Janice Alfred
You can petition the court for custody but you bear the burden of proving by clear and convincing evidence that awarding custody to the biological parents will cause harm to the child and that it is in the best interest of the child to award custody to you.
Answer Applies to: Georgia
Reza Athari & Associates, PLLC | Armand Fried
You can petition for custody but absent a very strong reason like unfit parent or danger to the child ("not happy" does not qualify) the court is unlikely to grant your petition. The legal standard for custody is whatever is in "best interests of the child."
Answer Applies to: Nevada
AyerHoffman, LLP | Cara Lee Thompson
You can certainly petition for custody of your grandchild, but keep in mind that your daughter has a constitutional right to parent her child as she sees fit, and courts will typically only grant custody to someone not the biological parent if the biological parent is deemed to be "unfit".
Answer Applies to: Massachusetts
Gonzalez Law Associates P.C. | Carlos Gonzalez
You can file a petition in the local family court but generally grandparents are seen as having very limited rights. If the child is within your home now I would suggest taking advantage of that fact and akin such a filing immediately.
Answer Applies to: New York
Law Offices of Mendlovitz & Sanchez | James V Sanchez
It sounds like the best thing for you to do is seek a guardianship of the minor children. However, a child simply being unhappy with the new family is probably not going to be sufficient to force the child from the mother's care. This is especially true if the child is being cared for and not in danger. The best interest of the child guideline is most likely not harmed by her assimilating with her family.
Answer Applies to: California
John E. Kirchner, Attorney at Law | John Kirchner
Without the consent of the parents, you probably cannot get "custody" unless you have been the primary caretaker for the child for at least the past 6 months. You should consult an attorney if you believe there is a possible basis to take the grandchild away from her mother.
Answer Applies to: Colorado
Law Office of Michael W. Bugni | Jay W. Neff
Without knowing a lot more about your case, my inclination is to say that you probably can't get custody. What you are talking about is a third party custody action. For you to be successful at that, you need one of two things. (1) Either both of the parents need to agree or (2) you have to convince the court that both parents are unfit.
Answer Applies to: Washington