How do I gain custody of my grandchildren? 19 Answers as of September 13, 2012

Over the yrs my daughter has left one grandchild in my care even saying to adopt him. She has also given temp custody of him until Dec 2014for a few years, then after 5 months changed her mind. She is currently in an incestuous relationship with adult family member and living as a couple while raising my grandchildren and has send incest is natural. I have asked for help from police, Social Services, Child Abuse Hotline and NONE will help! What can I do to protect and save my grandchildren?

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Law Office of Melvin Franke | Melvin Franke
Hire an experienced child custody attorney. You must prove her unfit.
Answer Applies to: Missouri
Replied: 9/13/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You need to meet with an experienced family law attorney to determine if pursuing a guardianship petition to have custody of the grandchildren is the most appropriate option.
Answer Applies to: California
Replied: 9/13/2012
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
You can file for custody, but you will have to prove your daughter is unfit.
Answer Applies to: Ohio
Replied: 9/12/2012
Steven Alpers | Steven Alpers
You would have to try a guardianship, but it will be difficult. You will have to prove it is causing problems with your grandson to live with mother.
Answer Applies to: California
Replied: 9/11/2012
Victor Varga | Victor Varga
File for custody, alleging either unfitness of the mother, or exceptional circumstances, otherwise you will lose, as in most instances, grandparents have no visitation or custody rights. Those are the 2 exceptions where you may.
Answer Applies to: Maryland
Replied: 9/11/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You can try to file a petition in probate court to be appointed as guardian for the child.
    Answer Applies to: Michigan
    Replied: 9/11/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    This is a very troubling situation. The first thing to do is to try to convince your daughter and the fathers of the children that you can provide a better home with stability and discipline for the kids, and get their consents to file a petition for temporary custody by extended family. Grandparents' rights have been eroded away in court, and they are virtually non-existant. So, perhaps you could file a private termination of parental rights action, but it is highly unlikely that you would prevail. If you cannot obtain the consents, perhaps you could file a temporary custody petition, but it will require a competent and aggressive family law attorney that you will have to pay a ton of money to. There may be a form for this type of petition at under family law forms. This is a common situation, and there is very little that can be done for anyone in your stance, except to hire competent counsel, and fight for the best interest of the children.
    Answer Applies to: Florida
    Replied: 9/11/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You can start guardianship proceedings but you need to be prepared to prove that the parents are unfit.
    Answer Applies to: Wisconsin
    Replied: 9/11/2012
    McIlveen Family Law Firm
    McIlveen Family Law Firm | Angela McIlveen
    Grandparents custody cases are very difficult. You need to talk to a lawyer as soon as possible and be sure to bring the temporary custody paperwork that you have with you to your appointment.
    Answer Applies to: North Carolina
    Replied: 9/11/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    WA state's third party visitation statute was declared unconstitutional a few years back by the US supreme court. As a consequence of that action, parents in Wa. have an absolute right to determine who sees their kids and under what circumstance. YOU may institute a third party custody action if the child reside with you and you can prove that the parents are unfit. These cases are some of the most complex in WA. state so if you decide to proceed, you will need to obtain counsel.
    Answer Applies to: Washington
    Replied: 9/11/2012
    Mary W Craig P.C. | Mary W Craig
    You must file an action with the juvenile court saying that your grandchildren are in danger if they remain with your daughter, and ask for the judge to give you custody. You will need a lawyer. Please do not try this on your own. Once a judge's decision is made, it's hard to unmake it. Find a good family law attorney experienced in custody cases and go from there.
    Answer Applies to: Alabama
    Replied: 9/10/2012
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    You need to file for a Guardianship.
    Answer Applies to: California
    Replied: 9/10/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you believe that the mother is an unfit parent you can file a guardianship case against her. Go to the court and file for legal guardianship.
    Answer Applies to: California
    Replied: 9/10/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It isn't possible to adequately answer your questions; you need to contact an attorney who can spend time with you to learn all the relevant facts and then explain the options available to you. In Colorado you do not automatically have any rights to custody of grandchildren and only an attorney can properly evaluate whether the facts justify you asking for a court to give you custody.
    Answer Applies to: Colorado
    Replied: 9/10/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    If the children lived with you for six months or more you have standing to sue for custody, not because you are a grandparent, but because you cared for them for six months or more. Where is the father in all of this?
    Answer Applies to: Texas
    Replied: 9/10/2012
    Short answer is not much. The living arrangements you are describing are not good. However, as the children do not seem to be in real and present danger of abuse or neglect the authorities can't do anything. You can file a Motion for Custody but that is an uphill battle and expensive and not likely to win. Best course of action is for you to stay involved with your grandchildren's lives and if you suspect abuse or neglect that you can point to specifically, call the authorities. Your grandchildren need you to stay engaged as long as you can and to the extent that you can.
    Answer Applies to: Nevada
    Replied: 9/10/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington you would file a third party custody petition.
    Answer Applies to: Washington
    Replied: 9/10/2012
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