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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27664
Experience:  Attorney with experience in family law.
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I live in City, Al, and my wife and I have had my grandson

Customer Question

I live in Alexander City, Al, and my wife and I have had my grandson at our home for over a year now since going and picking up my daughter from rehab! She stayed with us for a few months and we ended up having to make her leave our home because she was taking drugs and stealing from us, after 2 or 3 times of giving her another chance she continued to steal and lie, and take drugs, so it left us no choice, but our grandson stayed with us! My daughter had already lost 2 previous children due to drugs just not caring in general, plus we don't think she's capable of raising a child. For the fist fewonths she hardly had any contact with him, here latley she has got him for a night here and there, now she wants to come get him to live with her, and we don't think that such a good idea? I forgot to mention that when she was here with us she neglected him by not carrying him to a couple of doctor appointments to get his tubes in his ears, we didn't know at the time until she moved out and we started taking him to doc then we were told! What can we do as grandparents, or do we have a legitimate shot at getting custody? He's a super child and we're afraid if he goes with her it will be not so good for him! Thanks for any advice we can get! Thank you
Submitted: 9 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

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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