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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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If the grandparents have been providing and raising the ...

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If the grandparents have been providing and raising the child since birth, and the mother is unstable emotionally, and financially, the father has shown no interest in the child, do the grandparents have any legal rights to keep the mother from leaving with the child? The mother does not have a job, or any source of income. She says she will live with a friend and find a job. Her work history has been at most 2 weeks at a job, before she is fired. She has a history of drug abuse. The grandparents have provided all the financial care of the child along with raising the child. The mother has shown little to no interest in the child, except to use her as black mail to get her way. What recourse do the grandparents have to protect this child. She is 1 1/2 years old.
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
The only legal way to prevent the parents from taking the child would be for the grandparents to petition the court for custody of the child. Nonparent custody involves showing that both parents are unfit to take care of their child and that in furtherance of the child's best interests the grandparents should take care of her. Given the fact that you have practically raised her, shows you can take care of her. Please note that it is possible for the judge to transfer this case to protective services if the judge believes the parents have abandoned or neglected their child, which may result in the removal of the child and providing services to the parents in order to reunify with the child. So if you wish to pursue this option a family law attorney is highly recommended to represent you and explain the process further.

In the meantime absent any court orders, the parents (not the grandparents) have the legal rights to access and custody of their children.

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