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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112668
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Our oldest daughter adopted her younger sisters son when he

Resolved Question:

Our oldest daughter adopted her younger sisters son when he was a baby since then she has moved him frome one home to another. He was adopted by her second husband and he currently resides with her 3rd husband. We have always remained close to them and we know our daughter needs psycologocil help but she is not willing to get it. Anyway our grandson is now 13 and does not want to make another move and go to another school in another state. Do we have any grounds to help our grandson either stay where he is or come to live with us. They have lived with us off and on over the last 13 years?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
Unfortunately, as his mother she has the sole say regarding his custody and living arrangements and if she does not agree to him staying with you and granting you guardianship, it is unlikely the courts will either unless you can prove she is an unfit parent and unable to care for the needs of the child. Under the grandparent's rights laws, while grandparents have the right to seek visitation and even guardianship/custody when the parents are not married, when it is their own child who is the parent denying visitation or custody the courts will not override that parental right. Thus, unless you are able to convince her to sign over temporary guardianship for the child to go to school, you are not likely going to be successful in court without proving her to be unfit and that court process takes quite some length of time.


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