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jogoesq
jogoesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 258
Experience:  17 years experience in family law, custody, visitation, contested and uncontested divorces
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can I seek custody of my grandson, after already ...

Customer Question

can I seek custody of my grandson, after already having custody two years ago, by myself. Are there forms and other things Ineed to do. thank you
Submitted: 8 years ago.
Category: Family Law
Expert:  jogoesq replied 8 years ago.

Hello:

What is the status of the child's mother? When you had custody 2 years ago, was there a court order involved? Thank you. Your answers will help me to help you better.

jogoesq

jogoesq and 5 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
my daughter, his mother gave me custody 2 yrs ago. we found his biological father after 114 yrs, for the custody period. The father asked my grandson to come live with him. I gave custody of him to his father in 2006. It has not worked out at all and his father will not give custody back to me because he does not want any legals obligations formy grandson. he wants me to go half with him ($1,000) and adopt the boy.
Expert:  jogoesq replied 8 years ago.

Hello:

You appear to be having difficulties with the legal status of your grandson. First of all, at age 16, most courts would consider the child's wishes paramount, so to the extent that your grandson wants a specific arrangement, most likely a court will take his wishes into great consideration.

This really needs to be formalized in court, for the sake of all involved. If your grandson were to require serious medical attention, or be in trouble with the law, the only person's wishes and authority to act that would be taken into consideration would be the person who has legal custody of your grandson. For his sake, this should be formalized.

If his biological parents are willing to surrender their parental rights, that would make it easier for you to adopt him. Then the only thing needed would be for the biological parents to sign surrender agreements which would be accepted by the court and you would be awarded custody.

But if they are unwilling to do so, then you would have to file for custody in your local family court. The court will conduct a fact finding hearing and decide if there are grounds to terminate parental rights. After that is decided, a dispositional hearing will take place and the court will decide what should be done based on the best intersts of the child.

This could get quite messy, and I would encourage you to hire an attorney. If you must seek termination of parental rights, in most states the court would appoint an assigned attorney to represent each parent, so you would be fighting 2 attorneys by yourself.

This is not an easy thing to do. I hope that I have given you some direction. Let me know if you have follow up questions.

jogoesq

Customer: replied 8 years ago.
My custody of my grandson was done in the courts with an attorney. Custody to the father is also legal through the courts. I just wondered if I myself could file papers with the courts requesting that costody be given back to me. His mother is in agreement with me having custody.
Expert:  jogoesq replied 8 years ago.

Hello:

I am sorry I misunderstood your question. To answer: yes, you can. The court should be able to assist you.

jogoesq

Customer: replied 8 years ago.
thank you! do I just call the family court and ask how to go about getting the papers and then filing them?
Expert:  jogoesq replied 8 years ago.

Hello:

The best thing to do is to go in person to the Family Court. Many of them will let you speak to a person in the clerk's office. In addition, some states and counties have forms online and may have what they call an "Office for the self-Represented". Good luck.

jogoesq

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