How do we get custody over our grandchildren? 13 Answers as of March 01, 2011

How do we get custody over my grandchildren when they are getting neglected by their own mother?

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
This can be a somewhat complicated process. You'll have to establish that the parents are not fit to care for the child and then you must prove that it is in the child's "best interest" for you to be awarded custody. You should contact a knowledgeable family law attorney to assist you in helping the children get placed in the proper environment.
Answer Applies to: California
Replied: 3/1/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
The simple answer is that you cannot directly seek custody of your grandchildren without the consent of both parents unless the children have actually lived full time with you for at least the past 6 months. Your opinion of what constitutes "neglect" by the mother may or may not be what the child protection agency considers "neglect". If the child protection agency believes there has been sufficient neglect to justify removing the children from the mother's home by a court order, the court could place them in your custody - either temporarily or permanently, depending on the facts. Assuming the parents won't willingly agree to relinquish guardianship/custody to you, your only option is to contact the child protection agency and ask them to investigate and decided whether the facts justify the involvement of the court.
Answer Applies to: Colorado
Replied: 2/23/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You need to file a motion with the court. The court may allow a change of custody if it is determined to be in the child's "best interests. However, there is a lot involved in the process, which can't be explained in a few paragraphs. Call a local family law lawyer to help you understand your options based on the facts in your situation. Good luck!
Answer Applies to: California
Replied: 2/22/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can file an action for guardianship of the children.
Answer Applies to: California
Replied: 2/22/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You would have to file a custody application in Superior Court or Probate Court. Please contact us if you wish to discuss further; we have a free initial consultation. Good luck.
Answer Applies to: Connecticut
Replied: 2/22/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    You would need to file in the Juvenile Court in the county in the children reside for custody alleging that the children are dependent. You would have to make the allegation that both parents are not taking care of the children and prove this in court in order to get custody.
    Answer Applies to: Alabama
    Replied: 2/22/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You have to either file for a guardianship or for grandparent visitation.
    Answer Applies to: California
    Replied: 2/22/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    In a very general sense, you need to prove the mother and the father are not fit to parent and then you argue that you should be considered for placement of the children.

    This is not something you should try without counsel. Make sure to have a consultation with an attorney to make sure you are not wasting your time and money.
    Answer Applies to: California
    Replied: 2/22/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    It is not easy to gain custody (Legal Guardianship) of you grandparents, but it is possible. You did not mention the children's father. Tabling that issue for now, as he would be the next person to exercise primary physical custody in the Court's eyes, you will need to show the Court that the children's mother is neglecting them or putting them in situations which are potentially dangerous for them. You do this by filing a Petition for Guardianship (Judicial Council Form GC-210) and related forms. The County of San Diego's Superior Court website has a wealth of valuable information.
    Answer Applies to: California
    Replied: 2/22/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    If there is abuse, call CPS, then file for guardianship.
    Answer Applies to: California
    Replied: 2/22/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    It is very difficult to obtain 3rd-party custody in Oregon, because the law presumes that the parent(s) act in the children's best interest. This presumption can be overcome by a showing that the parent is unwilling or unable to care for the child. The 3rd party also has to demonstrate that they have an established parent-child relationship with the child - it is not enough to be related.

    I have helped people in your situation before, and would be happy to discuss your options with you. Please feel free to give me a call. Best of luck.
    Answer Applies to: Oregon
    Replied: 2/22/2011
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