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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38100
Experience:  I provide family and divorce law advice to my clients in my firm.
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Hi, my name isXXXXX and I will like to know if is possible

Customer Question

Hi, my name isXXXXX and I will like to know if is possible at all to get legal custody of my grand son who is 10 years all. His Mother my daughter has never taken good care of him, she has always drink and smoke and lately her drinking a smoking has gotten worse, she now smokes pot and has gotten DUI so she is not allow to drive anymore. His father lives with a woman and they have a daughter of their own, she is 18 mo. When my grandson was around 4 and he went to see his father, their were time when he din't have any thing for therm to eat, I don't know now that he is with this woman, if the situation has change I do know that now they both have a job, and he recently bought a house. My grandson is very small for his age he is only 49 lb. and he tells me that at his mothers house their are times when their is nothing to eat I have never ask how the situation is at his father. Please let me know if their is something that I can do, I will like to have custody of him because the school he goes to is very close to where I live, and it seems like no one cares if he has all of his school work done or not, also since he was a baby I had to make sure that he had the proper medical attention. And of course there is a lot more going on which I will get in to if there is a remote possibility that I can take care of him.

I hope to hear from you soon.

Thank you

Blanca
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

I am very sorry to hear that your grandchild are in this situation. If you attempt to obtain custody and guardianship, with your daughter or the other parent contest it and fight you for custody?
Customer: replied 3 years ago.
I am sure that they will try
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

The reason I ask is because if you pursue this, you will have to pursue it against both of them together by claiming that both of them are unfit and that it would be in the best interest of the child that you be set as the child's formal guardian. To prove (or disprove fitness), in your petition bring up evidence of abuse, neglect, domestic violence, drug use, alcohol abuse, mental illness, criminal record/history/probation/parole, and moral turpitude. In your situation pointing out the DUIs and drug use against your daughter would be useful, and possible neglect against the other parent would also be helpful. You would also have to show that you have a bond or a link with the child (that he lived with you, and so forth), as the courts typically prefer that the child reside with someone that the child knows well. To get a copy of the petition simply contact your closest family court and ask to speak with the clerk. Explain the situation and request a copy of their guardianship petition.

Good luck.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38100
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Is there a local attorney to whom I can go see in person or talk to in the phone.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

We at JustAnswer are unable to communicate with you via phone or in person. To get a personal consultation, I would suggest that you browse the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise.

Hope that helps.

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