Law Office of Patricia Van Haren | Patricia Van Haren
You must first file a request for guardianship of your granddaughter. If your daughter and the child's father consent it will make the matter run smoothly. There are numerous requirements in obtaining guardianship. You will be required to provide notice to the other grandparents and family members. You should seek out an attorney with experience in guardianship matters to assist you.
Answer Applies to: California
Law Office of James Lentz | James Lentz
Gaining custody over a grandchild is not as easy as falling off a log. If the mother will not sign off on the custody proposal, then yu will have to go to court. In either case you will need to meet with a domestic relations attorney. This is not a do-it-yourself project.
Answer Applies to: Ohio
Osterman Law LLC | Mark D. Osterman
I would start with a guardianship. Since the daughter has abandoned the child to you, you need to get into a position where you are like aparent and you need to have legal protection for your granddaughter. The guardianship will determine that there has been an abandonment of the child. This will be a leg-up for an adoption is not legal custody later.
Answer Applies to: Indiana
Beaulier Law Office | Maury Beaulier
Third party custody is never simple. However, if you cared for the children without a parent in the home for a year or more, you may be able to commence a custody action. In that action you must prove the parets (both of them) unfit to have a realistic chance of obtaining custody.
Answer Applies to: Minnesota
Wallin & Klarich: A Law Corporation | Paul Wallin
You need to meet with an experienced lawyer who can represent you in filing for legal guardianship. This is a complicated process. If you want to have legal rights to your grand children that is what you need to do.
Answer Applies to: California
Law Office of Michael W. Bugni | Jay W. Neff
For a third party (you) to get a court to award you custody, you are generally have to prove to the court that both biological parents are unfit. The only other alternate would be if both parents agreed to it.
Answer Applies to: Washington
Gulstrom, Henson & Petrie, PC | Tami Monek
Idaho has recently passed the "Defacto Custodian Act." If your circumstance fits squarely under the act, you may be deemed the child's defacto custodian, which would give you standing (i.e. the ability) to bring a custody action. However, the requirements to qualify under the act are very strict. Because this is a newer area of law that many attorneys and Judges are unsure of, and because the procedure in bringing such actions can be tricky, you will need to hire an attorney with experience in this area.
Answer Applies to: Idaho
John E. Kirchner, Attorney at Law | John Kirchner
If you have had primary physical custody and responsibility for the child for more than 6 months you are entitled to file a petition for the allocation of parental responsibilities in the district court. As a result of file the case, the Court will ultimately adopt a parenting plan that is in the child's best interest after considering all the facts and circumstances. You should promptly consult an attorney for information and assistance in filing the petition and dealing with any possible objections that the the bio-parents may have .
Answer Applies to: Colorado