I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
The Supreme Court of the United States held in 2000 that parents have a fundamental constitutional right in making decisions that involve their children, which includes whether the children should be allowed to visit their grandparents. The Alabama Supreme Court has made similar findings. There are exceptions for when the common relative is deceased or has no ability to see the kids, which unfortunately doesn't apply to you. And what that means is, in order to get full custody of your grandson, you'd have to seek involuntary termination of the mother's rights.
The fact that she's had drug problems, been in jail, and lost her rights to two other children will all help your case if you decide to file for termination. Because these can be difficult for everyone involved, it's a good idea to hire a local attorney to help you. You didn't mention the father at all, but if he's in the picture, he could get sole custody if the mother's rights are terminated - but you'd still have a right to seek visitation in that scenario. You likely would be able to get custody if the mother is found unfit since the child has been living with you, if the father is not around or is willing to agree to let you have custody.
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