How do I get legal child custody of my grandchildren? 19 Answers as of August 24, 2011My daughter is in prison. I have legal guardian if the new born,there are six more my other daughter has. She cant handle all of them so four other boys live in my home. Now she has the legal guardianship of them but my husband and I support them. It's causing a lot of problems in my home, because she calls the shots. I rather have custody of the four children.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
File a Motion for Standing and a Complaint for Custody. If the grandchildren are safer by your acting "in loco parentis," then explain to the court why they would be best served by being in your custody.
Answer Applies to: Pennsylvania
Beaulier Law Office | Maury Beaulier
You may file a petition seeking third party custody. You would meet the threshold criteria for such an action if you cared for the children for a period of years. However, in any custody case, both parents must be served with the action before it can proceed.
Answer Applies to: Minnesota
Law Office of Michael W. Bugni | Jay W. Neff
Without knowing more, my first reaction is that the only way to clean your situation up is for you to file a 3rd party custody action. As long as both parents agree to that, it shouldn't be too much trouble. However, if either one of them objects, then, you are going to have to prove that the objecting parent is an unfit parent. This can be very hard to do.
Answer Applies to: Washington
Rice & Co., LPA | Kollin Rice
If you have possession of and support the children, have the support of their father, and their mother is in prison, it would likely not be hard to obtain custody. At some point you will need to file a motion for custody in the Juvenile Court. If you can secure father's cooperation before hand (and mother's too if she will give it) this should be relatively straightforward.
Answer Applies to: Ohio
John E. Kirchner, Attorney at Law | John Kirchner
Your details are confusing. If your daughter is in prison she obviously cannot care for any of her children so, unless the father is in the picture, you should have no difficulty obtaining legal guardianship under the Colo Probate Code or obtaining an allocation of parental responsibilities (formerly "custody") under the domestic relations statutes. If there is already a guardianship case for one child, it should be relatively simple to include the other children.
Answer Applies to: Colorado
Meriwether & Tharp LLC | Patrick Meriwether
In Georgia, you could either move for Permanent Guardianship of the grandchildren, or seek to adopt the grandchildren. Adoption is more difficult, however, because it involves terminating the parental rights of both parents.
Answer Applies to: Georgia
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
If your daughter is in prison, you will be able to file for guardianship of the children. You would need to show the court that guardianship is necessary (your daughter is in jail) and it is in the best interest of the children.
Answer Applies to: California
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
You can file motion for a change in guardianship with the court, the fact you have them and support them is good evidence to the court the current guardian is not fulfilling her duties. A lawyer can help you file the motion and go to the hearing with you.
Answer Applies to: Arkansas