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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100602
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Do I have any legal rights to take temporary custody of my

Resolved Question:

Do I have any legal rights to take temporary custody of my grandson from my daughter who is a drug addict. The baby's father is an illegal imigrant from Mexico and he wants the baby. Can he take custody of him vs. his maternal grandmother.
Submitted: 6 years ago.
Category: Family Law
Expert:  Ely replied 6 years ago.
Hello,



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



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Yes, you may. While you don't have standing per se to bring suit, you can establish it by proving it is in the best interest of the child. The 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 custodian, 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.

If you can show that you'd be a better custodian, the court might give custody to you over the dad.
You can see outlined steps below at the link. I can help you find an affordable attorney if you'd like.

http://www.indianachildcustodylawyers.com/news.cfm/Article/24206/How-to-Start-an-Action-for-Nonparental.html

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



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