QUESTION
How do I get legal child custody of my grandchildren?
Asked on Aug 16th, 2011 on Child Custody - Oregon
More details to this question:
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.
14 ANSWERS
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You will need to commence a non-parental custody action.
Answered on Aug 24th, 2011 at 6:47 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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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.
Answered on Aug 22nd, 2011 at 8:09 AM
You should file for guardianship.
Answered on Aug 20th, 2011 at 2:06 PM
Roianne Houlton Conner
You need to apply in the juvenile court in the county in which the children are located for custody.
Answered on Aug 19th, 2011 at 9:50 AM
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.
Answered on Aug 18th, 2011 at 11:25 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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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.
Answered on Aug 18th, 2011 at 10:45 AM
Employment & Labor Attorney serving Oregon, OH
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Rice & Co.
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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.
Answered on Aug 18th, 2011 at 10:45 AM
Steven D. Dunnings
How can she have legal guardianship and why are you paying support? You really need to hire a lawyer.
Answered on Aug 18th, 2011 at 9:53 AM
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.
Answered on Aug 18th, 2011 at 6:53 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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File for guardianship.
Answered on Aug 18th, 2011 at 6:49 AM
Patricia C. 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.
Answered on Aug 18th, 2011 at 6:40 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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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.
Answered on Aug 18th, 2011 at 5:19 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington you must file a petition for third party custody if both parties won't give you "guardianship.".
Answered on Aug 17th, 2011 at 1:26 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You must file a petition for custody under ORS 109.119, the psychological parent statute.
Answered on Aug 17th, 2011 at 1:17 PM