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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9032
Experience:  since 1983
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My 16 year old son has had a lot of emotional issues. He is

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My 16 year old son has had a lot of emotional issues. He is currently in a facility to help him with his problems. I made him leave and go stay with his Pateral grandparents because they said they wanted to help straighten him out. He stayed there once before for a week and wanted to come home. Now the grandparents are filing for custody. I live in the state of Louisiana. My son says he wants to live with them. Would a judge grant them custody?
A grandparent cannot be granted custody as against a natural parent without proving that the natural parent is somehow "unfit". This was established by the US Supreme Court in the case of Troxel v. Granville, see
where the Court stated:
"Accordingly, so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children."

You can get a free consultation from some of the child custody attorneys listed by location at

I hope this information is helpful.
N Cal Attorney and 8 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Even if my child is 16 years old and says he wants to live with them?

They are accusing me of throwing him out of the house. I made him go and stay with them because he was not manageable. He is now getting help at a treatment facility. I am trying to help him. Will the judge see my decision to remove him temporarily from my house as unfit on my part?

I did it to help him, because I love him. His father has never helped me with him financially. I have been his sole caretaker, with occasional help from his parents.

Sending him out to live with relatives temporarily is not proof of unfitness as a parent. Such proof would usually require evidence of abuse or neglect of a child, not sending the child on a short visit to relatives.
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