How do I get temporary custody of my grand kids? 8 Answers as of March 12, 2014

My daughter and her 2 kids have lived with me for over 4 years. This is the only home my 4 year old grandson knows. My daughter used to be a very good mother but she is increasingly growing very mean and very verbally abusive, and it's getting worse fast. She continually yells at her kids for nothing. I can't take her disrespect another day! How can I make her leave but leave the kids with me? I don't know how I could ever trust her enough to take care of them. I have to have my grand kids. So I know they are properly taken care of, kept safe and most of all loved. Please tell me how to keep my grandchildren but she has to go and get the help she needs, whatever that may be. I love my daughter with all my heart, but she needs help and I have no idea who to turn to for help. Help please! Thank you very much.

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Unless you have a basis to claim that your daughter and the children's father are unfit parents, you have no basis for custody of the grandchildren. If the issue is a mental health issue, not simply your disagreement with how she treats the children, then you may have a basis. You need to talk to a lawyer about a third party custody. As a grandparent the best you have a right to is some visitation based on the fact that they've lived with you for so long.
Answer Applies to: Washington
Replied: 3/12/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You may be in a position to justify to file and serve on your daughter and bio dad a petition for guardianship of your grandchildren. This is a complicated area of the law. More factual information should be shared with an experienced family law attorney in an office consultation so you can explore your best legal options.
Answer Applies to: California
Replied: 3/12/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
The facts as you described would not support your case. I suspect there are others.
Answer Applies to: Michigan
Replied: 3/12/2014
Law Offices of Lauren H. Kane | Lauren H. Kane
You must file a petition for grandparents' rights.
Answer Applies to: Pennsylvania
Replied: 3/12/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
there is some things you could try legally but I think that you would be better off with the status quo because if you try and fail you will totally alienate her and she may take the kids and never let you see them again. What about the father of these children?
Answer Applies to: Georgia
Replied: 3/12/2014
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    You have a few different options but you will need to discuss the details of your case with an attorney. You could consider guardianship, in loco parentis custody, or even dependency depending upon what the circumstances are and how "abusive" the mother is being.
    Answer Applies to: Arizona
    Replied: 3/12/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You need to file for guardianship of the grandchildren. Talk with a local attorney about the process. You may have to evict your daughter.
    Answer Applies to: Idaho
    Replied: 3/12/2014
    John Russo | John Russo
    First of all where is the father, his rights are greater than yours, also based on what you have alleged here there is nothing that I see that would allow a court to grant you placement, just a bunch of subjective allegations. "She yells for nothing," That's your opinion, if she is that abusive then contact CPS, they would recommend placement to you if your allegations rise to the level of abuse and are founded, but again I don't see it.
    Answer Applies to: Rhode Island
    Replied: 3/12/2014
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