What do I need to do to file for legal custody of my grandson? 11 Answers as of April 29, 2014

My grandson has lived with me since he was born. He is a child of my son and neither my son or the child's mother reside with us. How would I get legal custody of my grandson so that I can take him to the Medical Center or anywhere that he needs medical attention or even to school when he grows older?

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Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
The surest way to do what you want would be to file for guardianship. Talk with a local attorney about the process in your area.
Answer Applies to: Idaho
Replied: 4/29/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
File and serve on both parents a request for guardianship.
Answer Applies to: California
Replied: 4/29/2014
D. R. Phillips Law Firm, LLC
D. R. Phillips Law Firm, LLC | Randy Phillips
You don't say how old your grandson is. The parents can voluntarily make you the temporary guardian which is good for 1 year at a time or you can file in District Court for a court order giving you temporary custody.
Answer Applies to: Alabama
Replied: 4/29/2014
Borzilleri Law Office | Christine Borzilleri
The easiest/least confrontational method would be to petition the Court for guardianship. Each state has specific procedures for this, so I would recommend retaining a family law attorney in your jurisdiction.
Answer Applies to: Rhode Island
Replied: 4/29/2014
Home Town Law, P.A.
Home Town Law, P.A. | Sabina Tomshinsky
You may want to explore pursuing temporary or concurrent custody of your grandchild pursuant to Chapter 751 of the Florida Statutes. However, the easiest way for you to gain authority over your grandson is through the use of a power of attorney. Such power of attorney would be signed by a parent giving you, the grandparent and custodian, the legal rights to care for your grandchild, in the parent's absence.
Answer Applies to: Florida
Replied: 4/29/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    You need to get both parents to sign a power of Attorney for care of a child.
    Answer Applies to: Georgia
    Replied: 4/28/2014
    John Russo | John Russo
    You need Family Court.
    Answer Applies to: Rhode Island
    Replied: 4/28/2014
    Smith Law | Sharon K Smith
    You need to file for full custody but know that grandparents rights are generally limited. If the child living with you has been the status quo, the parents were never married, and you can show a level of incompetence on behalf of the parents you have a good chance of being awarded primary custody.
    Answer Applies to: Pennsylvania
    Replied: 4/28/2014
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    You would file a Petition for Guardianship of the person. Such a Petition is filed in the Probate Court and the appoints an Investigator to interview the proposed guardian. Proper notice to the parents and other relatives need to be given. An experienced attorney can be helpful in a guardianship proceeding.
    Answer Applies to: California
    Replied: 4/28/2014
    Law Office of Brent R. Chipman
    Law Office of Brent R. Chipman | Brent R. Chipman
    You can file for legal guardianship of your grandson. A petition is filed with the court and notice is given to the natural parents. A hearing is scheduled with the probate court. If the parents consent, or if they do not appear at the hearing, the court would grant you letters of guardianship. If there are financial payments involved, you would also apply for a conservatorship. If either parent objects, the court will refer you to mediation before they schedule a hearing on the matter to determine if the guardianship is granted or not. The guardianship will allow you to take the child for medical treatment and enroll him in school.
    Answer Applies to: Utah
    Replied: 4/28/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    You want to petition the Probate Court to be his guardian.
    Answer Applies to: Michigan
    Replied: 4/28/2014
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