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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114029
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter passed a yr ago...no papers was signed concering

Customer Question

my daughter passed a yr ago...no papers was signed concering my grand son...the man she was living with went too court and got legal papers on him...he is not his blood father ...i aint seen him in over a yr what can i do to get my grandson back at my home where my daughter and grandson was living at before she died
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.

If the person who has the child is not the biological relative of the child, then you need to file a petition for guardianship/conservatorship in the local court and obtain a court order to get the child. Under the laws, the biological parents and grandparents are supposed to have legal rights to the child as long as they are fit to raise the child. So your next step here is you must have a local attorney representing you to file for guardianship/conservatorship in the court and that is the only way you will get him back.

If you cannot afford a local attorney, you can go to the legal aid office near you or call the SC Bar and ask them for the pro bono attorneys in your area who can assist you in filing this in the court.

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