Family Law Questions? Ask a Family Lawyer Online.
Hello, can you specify what you mean by dtr?
Do you mean daughter?
Is there a court order indicating that the father of the child's mother has custody of the child?
Ok, so the father of her son, technically has custody as of right now, correct?
But the grandmother keeps him.
Because the father does not take care of the child.
Was your daughter and the father of your grandson ever married? Was there ever a custody order entered indicating that your daughter had custody of the child prior to them going to jail?
Sorry for all the questions, just trying to gather a bit more information.
Also, last question has DHR or CPS (department of human resources, or child protective services) ever been involved?
Ok, thanks for that information. In order to seek custody of the child back from the other grandmother, you will have to file a petition for custody of the child with the court. In order to have legal and physical custody of a child, you must have a court indicating that the custody arrangement of the parties. Therefore, in order to seek custody and physically obtain the child, you must file a petition with the court to do so. You are in the rare circumstance, where both biological parents are incarcerated, and a custodian of the child is needed legally. The incarceration of both the parents is a limited circumstance where a grandparent can seek custody of the grandchild.
In order to take custody of the child, you will have to be awarded it by the court, which will require the proper drafting of the petition, and the petition must seek to convey to the court that you are the most fit and proper custodial guardian of the child at this time, and that it is in the best interest of the child for custody to vested in you.
The letter is beneficial, but in effect, it is not a legal document providing custody to you. You could seek to obtain the child with the letter if the other grandmother is not aware of its legal effect, but in order to have legal custody of the child you must have a custody decree.
No, and no. Proper notification would have to go out with that regard, considering the parents are not deceased, but only incarcerated.
No legal right, but physical possession is 99% of the battle when there is no legal custody order in place.
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