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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87500
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can a Gandmother on SSI, liveing with her 40yr old son get

Resolved Question:

Can a Gandmother on SSI, liveing with her 40yr old son get custody of her granddaughter? The granddaughter is not the sons. She is the daughter of my dead son.
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Who is the granddaughter with now? And whoever that is, are they willing to grant custody to the grandmother?



Customer: replied 4 years ago.

We are not sure if the Mother will. We have not as of yet asked her.

 

Expert:  Ely replied 4 years ago.
Please answer: 1) Does the mother have any types of neglect/abuse/sobriety/danger to child issues?2) Has the child lived with the grandmother for 6 months in the last 90 days?
Customer: replied 4 years ago.

Yes the mother dose. and no the child dose not and has not lived with us. abuse, neglect and danger at least to us

 

Expert:  Ely replied 4 years ago.
Please tell me more about her issues?
Customer: replied 4 years ago.
The mother has been hitting her a great deal, yelling thing at her like I wish you were dead. The mother will not keep a clean house or cook most of the time the child has to do the house work and modt of the cooking and she is only 13
Expert:  Ely replied 4 years ago.
And does Child Protective Services know about this, or not yet? This is my last question.
Customer: replied 4 years ago.

No not yet, we are looking what to do frist. We do not want to make things harder on the child if we can. There is more then one child in the home and one on the way.

 

Expert:  Ely replied 4 years ago.
Ok, I lied - you never answered "Has the child lived with the grandmother for 6 months in the last 90 days?"
Customer: replied 4 years ago.
No
Expert:  Ely replied 4 years ago.
Ok. Two issues here, and how to go about doing this.STANDINGYou need to have standing to petition for custody. Standing becomes available when you are the immediate parent of the child, or the child has been living with you for the last 6 months. As gradma, you do NOT qualify for standing. But that's ok, because read on.CUSTODY DECISIONSThe Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

In this case, she is obviously not a good mother, but how to go about getting the children if you have no standing?CPSCPS has a mandate from the state for emergency custody if the child is being neglected. What they do is take the child away for 6+ months and let the parent clean up their act. Meanwhile, they place the child into a foster care or a relative, i.e. you.So let CPS know, have them take the child, and ask for the child to be placed with you. In 6 months, petition for permanent custody.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87500
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Family Law Specialists are ready to help you

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