How can I get legal custody of my granddaughter? 18 Answers as of July 03, 2013

My 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?

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Alfred Law Firm
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
Replied: 11/4/2011
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
Replied: 11/2/2011
AyerHoffman, LLP
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
Replied: 10/25/2011
Gonzalez Law Associates P.C.
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
Replied: 10/25/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
Unless the parents agree to you having custody, you must prove that the parents are unfit.
Answer Applies to: Ohio
Replied: 10/25/2011
    Law Offices of Mendlovitz & Sanchez
    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
    Replied: 10/24/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 10/24/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Apply in ether probate or Superior Court;you may wish to consult with an attorney.
    Answer Applies to: Connecticut
    Replied: 10/24/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Third party custody is never simple. The presumption for custody favors the parent. However, if you can demonstrate by clear and convincing evidence that it is the child's best interests to change custody to you.
    Answer Applies to: Minnesota
    Replied: 10/24/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Your granddaughter is an adult.
    Answer Applies to: New Jersey
    Replied: 7/3/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    You can petition the court for guardianship of your granddaughter. You will have to explain why you are petitioning the court to be guardian over the child and you will have to give notice to all other parties.
    Answer Applies to: Illinois
    Replied: 10/24/2011
    Law Office of Michael W. Bugni
    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
    Replied: 10/24/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington you file a third party custody action which requires you to prove both parents are unfit.
    Answer Applies to: Washington
    Replied: 10/24/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If the child suffers neglect or abuse by the parents would be the legal justification to seek a grandparent guardianship of that child.
    Answer Applies to: California
    Replied: 10/24/2011
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