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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16396
Experience:  Licensed experienced Attorney
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I am the non-blood grandparent to a 5 yo who has been under

Customer Question

I am the non-blood grandparent to a 5 yo who has been under my roof for the better part of her entire life. She currently lives in my house with the maternal grandparent. The mother and father are addicted to drugs and lost custody to the maternal grandparent who used to be my wife. I have been financially supporting both the maternal grandparent and the 5 yo for 5 years. Do I have any rights?
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Submitted: 7 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 7 months ago.
Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.Unfortunately, generally, non-blood relative who does not have any legal custody ordered by the court, would not have any legal / custodial rights related to the minor child, regardless of any financial support that might have been given to the minor child or his/her legal guardian / adult who has legal custody.I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.I wish you the best of luck and God bless you!
Expert:  Alex J. Esq. replied 7 months ago.
Please let me know if you have any related follow up questions?If not, please positively rate and accept my answer, so I can be compensated for my work.Thank you.
Customer: replied 7 months ago.
Thanks Alex,Just to fill in a few blanks, I believe the grandmother (we're divorced) could be mentally ill. She is completely dysfunctional and unable to hold a job. This is the reason I have taken them both in to my house.I fear that evicting her from my house could create great harm to the child. She knows this and takes advantage of it. In talking to a few attorney's here in San Antonio, my objective was to file suit for standing based on the dire conditions of the grandmother. I am told that there are cases of non-blood grandparents gaining "standing" under such conditions. My hope in responding to this service is to gain more in-depth knowledge and find the right legal help that may be able to move a case like this forward. It is very difficult to let go of a 5 yo child that calls me Papa and sees me has her default father. She has repeatably ask me to not leave her and that she would prefer to live with me. I am the President/CEO of a significant public company and giving up is just not in my DNA. Any help would be appreciated. Finances are not an issue.Concerned Papa
Expert:  Alex J. Esq. replied 7 months ago.
Thank you for your follow up.Was biological grandparent declared mentally incompetent by the court or has any type of mental or other severe illness or medical condition that makes her unfit to be a parent?Were both biological parents parental rights terminated by the court?
Customer: replied 7 months ago.
Both biological parents have been declared incompetent by the court. The paternal grandparents have taken over visitation rights of their son. The maternal grandparent (my ex) was declared primary custodian of which I paid for the attorney to declare this early on when Addy (the 5 yo) was only 4 months old. I sincerely ***** ***** Rose (the maternal grandparent) has a progressive bi-polar disorder but without standing, I cannot force treatment or even a proper examination to determine her illness. I just know that it has been extremely harmful to the child when she is going through an episode.
Expert:  Alex J. Esq. replied 7 months ago.
Thank you for your follow up.While I cannot comment on your specific case, generally, unless the biological grandparent is found by the court not to be fit to be a custodial parent / legal guardian to the minor child, the only thing that a non-blood related third party would be able to do, is to report any known abuse and/or negligence to the Child Protective Services and the agency will investigate and if in fact CPS decides to proceed with termination of custody / legal guardianship for the maternal grandmother, then there might be possibility to intervene and to have the court appoint a third party (who has relationship and bond with the child) as a foster parent or even a legal guardian.I wish you the best of luck!
Expert:  Alex J. Esq. replied 7 months ago.
Please let me know if you have any related follow up questions?If not, please positively rate and accept my answer, so I can be compensated for my work.Thank you.
Customer: replied 7 months ago.