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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4779
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Trying to find out if what the rights are

Customer Question

Trying to find out if what the rights are for grandparents to get custody of their grandchild
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.
Hello. I'll be happy to assist you.
Are you wanting to get full custody or just visitation rights?
Customer: replied 1 year ago.
Full custody
Expert:  Chris T., JD replied 1 year ago.
OK. What you are really talking about is terminating the mother's parental rights and adopting the child or taking the child in as his/her guardian. That is much different from visitation rights. Assuming the parents won't agree to giving you custody, you will have to have their parental rights involuntarily terminated. To do that, you will need to file a petition to terminate their rights and prove up one or more of the following grounds:
•Severe or chronic physical abuse of the child
•Any sexual abuse of the child
•Severe psychological abuse or torture of the child
•Extreme emotional damage to the child inflicted by the parent
Child neglect by failing to provide shelter, food, or other needed care as is required by parental obligations
•Abuse or neglect of other children in the same household
Abandonment of the child or extreme parental disinterest
•Long-term mental illness of the parent
•Long-term alcohol or drug induced incapacity of the parent
•Failure to support the child
•Failure to maintain contact with the child
•Failure to provide education
•Felony conviction of the parent for a violent crime against the child or another family member
•Felony conviction of the parent when the term of imprisonment is long enough to negatively impact the child and the only other source of care for the child is foster care
Once you do that, a court can decide the parents are no longer able to care for the child and then you can adopt the child or seek to be named guardian. This is a somewhat complicated process, so if it is something you are seriously considering, you may want to hire a lawyer in your area.
I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go. Good luck.
Customer: replied 1 year ago.
Our grandchild we found out is in foster care is not with the parents, both parents lost the child and DCFS has the child and is refusing to give the child to us. They are saying we have no rights
Expert:  Chris T., JD replied 1 year ago.
They are correct, to an extent. Until a court says you have a right to the child, you don't. My suggestion would be to hire an attorney and fight to be appointed guardian or seek to adopt the child. Right now, DCFS is the custodian of the child, and they will be until the court rules otherwise. You just need to make the effort to be appointed, but it will help to have DCFS on your side to recommend to the judge that you be appointed. But, until that happens, they can't just give you the child without a court order.
I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go. Good luck.