How can I go about getting child custody of my grandchildren? 23 Answers as of August 05, 2011

What can I do to get some kind of papers on my grandaughter? I've raised her from day one and she is 3 now. Her mama has a 3 month old boy but she took him when she left this time.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You need to start a third party/non parental custody action.
Answer Applies to: Washington
Replied: 8/5/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
You would have to file an application for custody in the court serving the town you live.
Answer Applies to: Connecticut
Replied: 7/20/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
You need to file for guardianship of the child. Speak to an attorney experienced in handling these matters asap.
Answer Applies to: California
Replied: 7/20/2011
Law Office of Patricia Van Haren
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
Replied: 7/20/2011
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
You can file for a guardianship.
Answer Applies to: Wisconsin
Replied: 7/20/2011
    Law Office of James Lentz
    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
    Replied: 7/20/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    You must file a dependency petition in the Juvenile Court in the County in which you live.
    Answer Applies to: Alabama
    Replied: 7/20/2011
    Osterman Law LLC
    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
    Replied: 7/20/2011
    Beaulier Law Office
    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
    Replied: 7/20/2011
    Wallin & Klarich: A Law Corporation
    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
    Replied: 7/20/2011
    Rosenberg & Press, LLC
    Rosenberg & Press, LLC | Christopher D. Hite
    You can petition the court to remove guardian and replace you as successor guardian based upon guardian's neglect or abandonment. It's a very tough process, you should retain services of an attorney.
    Answer Applies to: Connecticut
    Replied: 7/20/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    You can file for guardianship of one or both.
    Answer Applies to: Wisconsin
    Replied: 7/20/2011
    Law Office of Michael W. Bugni
    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
    Replied: 7/20/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    You need to file for Guardianship. You may get assistance from the self help center. They also have guardianship workshops a couple times a week.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You need to retain an attorney to file a custody action on your behalf.
    Answer Applies to: Georgia
    Replied: 7/20/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law you would need to file an action for third party custody.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Gulstrom, Henson & Petrie, PC
    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
    Replied: 7/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You would need to see a lawyer. Unless she is completely unfit, a grandparent is highly unlikely to prevail over a parent.
    Answer Applies to: Georgia
    Replied: 7/20/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    apply in your local Probate Court .
    Answer Applies to: Connecticut
    Replied: 7/20/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 7/20/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    File a guardianship petition and with that pleading file an ex parte motion to ask that your granddaughter remain in your custodial care.
    Answer Applies to: California
    Replied: 7/20/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You need to file a petition for custody pursuant to Oregon Revised Statute 109.119.
    Answer Applies to: Oregon
    Replied: 7/20/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You have to prove both parents are unfit and that it is in the best interest of the child to be with you. You file a third party custody action.
    Answer Applies to: Washington
    Replied: 7/20/2011
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