QUESTION
What are my rights as a grandmother to keep my grandchildren?
Asked on Oct 29th, 2013 on Child Custody - New York
More details to this question:
I have legal guardianship of my daughter's two children, ages 6 and 3, who have resided with me since birth. My daughter wasn’t ready to be a mother, and she has consistently exercised poor judgment in life decisions. She is married to a convicted felon who has done nothing to improve his lot in life. He doesn’t work, has no GED, has gang affiliations, and has a history of being abusive. He was abusive to the mother of his four children, who he has never paid any child support for. He is currently on parole for badly beating a woman he had an affair with. There is a recent report of abuse towards my daughter. Unfortunately, she plans to return to him after only four days. He is a hustler who only wants the children for the money he can obtain, such as income taxes and SSI. He robbed my apartment two years ago, and my daughter went with him, having been an accomplice. I am looking out for my grandchildren’s best interest, and I feel that they should continue to reside with me. My daughter intends to fight this, and I was wondering, what rights do I have?
6 ANSWERS
4 Awards
A grandparent who has physical custody of children and who has had them for a period of time has a right to sue for their continued care, custody and control. "Legal guardianship" is not a term normally used in Louisiana, so the status of the grandparent in this case is not really clear from this letter. If a grandparent has custody pursuant to a simple notarial act, that may revoked by the mother at any time, and so a lawsuit would have to be filed by that grandparent to retain custody. If a grandparent has custody pursuant to a court order, the mother would have to file suit to regain legal custody. A person in this situation should contact a competent family law attorney immediately to ascertain their rights and actions to take.
Answered on Nov 04th, 2013 at 4:20 AM
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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Mom will always have the right to petition the probate court to terminate the guardianship, but the court always has the right (and obligation) to examine the circumstances of the child and of the mother. If the mother continues to be unfit to properly care for the child, I would expect the court to continue the guardianship.
Answered on Oct 31st, 2013 at 1:36 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have the right to keep the children until the judge terminates the guardianship. You have the right to prove to the court how dangerous it would be to allow her to regain custody of the children. You have the obligation to keep the children from her until she either cleans up her act or there is a change in the guardianship by the judge. Talk with a local attorney about the situation.
Answered on Oct 31st, 2013 at 1:35 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the children are in your care by an order of the court, your daughter will have to go to court to get that changed. At that point you can show all the reasons why she continues to be not fit as a parent. From what you outline here, there is plenty of evidence. If the order placing the children with you does not provide for visits with the mother, then don't let her see the kids if you believe that to be detrimental. Or let her see the kids only when she is in your home. The court order is everything. Follow it to the letter and don't allow anything else. That's the purpose of the order.
Answered on Oct 31st, 2013 at 1:35 PM
The fact that you have had guardianship of the children for their entire life is an asset to your case. You can petition the court for custody and within your case, you can present the evidence you presented today.
Answered on Oct 30th, 2013 at 9:33 PM
Bruce Provda
You could try to petition for custody if you can prove that the natural parents are unable to care for the children in a safe matter. Speak with an attorney.
Answered on Oct 30th, 2013 at 9:32 PM