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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111568
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My 34 year old is estranged from me her 55 yo Mom since Nov

Customer Question

My 34 year old is estranged from me her 55 yo Mom since Nov 2015. I believe there is postpartum, addiction, control, and maybe mental health problems. How do I get to see my two little grand dtgs during this estrangement which she initiated on purpose to hurt me?
Submitted: 6 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 months 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.
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 you have proof she is unfit to care for the child, then you will need to engage a local attorney and file in court for guardianship/custody over the child on that basis. According to the US Supreme Court a parent has a constitutional right to raise their child and that will not be interfered with unless you can prove by clear and convincing evidence she is unfit to raise and care for the child. See: Troxel v. Granville, 530 U.S. 57 (2000).
So, the only way you can get control here and stop her behavior and perhaps even get her the mental health help she needs is to get to court and prove she is unfit and the court can give you legal custody and she can no longer threaten you about these things and you would have rights to decide for the child in the future and not her.