How do I get legal child custody of my grandchildren? 20 Answers as of June 26, 2013

My 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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You will need to commence a non-parental custody action.
Answer Applies to: Washington
Replied: 8/24/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq.
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
Replied: 8/22/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
You should file for guardianship.
Answer Applies to: Wisconsin
Replied: 8/20/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
You need to apply in the juvenile court in the county in which the children are located for custody.
Answer Applies to: Alabama
Replied: 8/19/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
You would have to apply in probate court for guardianship or in superior court for custody.
Answer Applies to: Connecticut
Replied: 8/19/2011
    Beaulier Law Office
    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
    Replied: 8/18/2011
    Law Office of Michael W. Bugni
    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
    Replied: 8/18/2011
    Rice & Co., LPA
    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
    Replied: 8/18/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 8/18/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    How can she have legal guardianship and why are you paying support? You really need to hire a lawyer.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Apply in either Probate or Superior Court.
    Answer Applies to: Connecticut
    Replied: 8/18/2011
    Meriwether & Tharp LLC
    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
    Replied: 8/18/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    File for guardianship.
    Answer Applies to: California
    Replied: 8/18/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | 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
    Replied: 8/18/2011
    Law Office of Kathryn L. Hudson
    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
    Replied: 8/18/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Good Lord. It sounds like the children are much better off living with you.
    Answer Applies to: New Jersey
    Replied: 6/26/2013
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington you must file a petition for third party custody if both parties won't give you "guardianship.".
    Answer Applies to: Washington
    Replied: 8/17/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    This is not a question that can be answered in this format. You need to have an in depth consultation with an experienced family law attorney regarding your situation.
    Answer Applies to: Georgia
    Replied: 8/17/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You must file a petition for custody under ORS 109.119, the psychological parent statute.
    Answer Applies to: Oregon
    Replied: 8/17/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney