Family Law Questions? Ask a Family Lawyer Online.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.
Question: Can grandparents have temporary custody of grandchildren until their parents get jobs, a place to live to raise their children properly. My grandchildren live is a house with ten other adults, they sleep on the floor, get fed junk food. My grandson is three years old and weighs 30 pounds. The whole household smokes crack, my son is an alcoholic drinks vodka all day. That is not a life for a 3-year-old and an 18 month old.
Response: It depends. If the parents agree, you can have an attorney prepare a temporary custody agreement between you and the parents, or you can obtain sample temporary custody agreement online, without involving the Courts so that you can have custody of the children until the parents get their acts together. If the parents do not want to give up custody, then you must file Petition for Temporary Guardianship of the Children with the Court and get approved before you can take the children. With temporary Guardianship, you have to tell the Court why you need the Guardianship and why it would be in the best interests of the children, just like you did in your narrative here. The forms for filing for Guardianship are available at the Courthouse in the Clerk's office. The forms are self-explanatory. However, if you need assistance completing the forms, ask the Staff.
You can also obtain the guardianship forms online:
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).