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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111562
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Are there legal forms available online to file -parental child custody? I am advoc

Customer Question

Are there legal forms available online to file for non-parental child custody?
I am advocating for a friend that is wanting to legally have rights to protect her great grandson The granddaughter( and mother) of this child both reside with her. The mother has bonded with this child nor taken care of him in any way He doesn't even call her "Mommy" She is a danger to herself and others due to heroin addiction . Th great grandmother would like legal rights so she can safely ask her granddaughter to leave the residence without the threat of taking her child with her. This would endanger the child and cause him great stress due to the lack of relationship and bond as well as her drug use. She has no job, money or resources to care for herself let alone him. How would you suggest my friend proceed?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, there are no specific forms online for such a petition. This is a petition that has to be drafted from scratch and not one that would be a "cookbook form" I am afraid. You would have to prove that the mother is unfit in order to obtain custody, because the US Supreme Court in Troxel v. Granville stated that the parent's rights over the child are a fundamental (basic civil right) and they cannot be interfered with unless the parent is found to be unfit.
If you want to help her, the best way to do so is to use a local attorney and they would file not only a petition for custody, but also a motion for emergency custody based on the danger to the child and would put together the proof of how the mother is unfit and a danger to the child.

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