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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37818
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am the paternal grandmother and custodial parent (no legal

Resolved Question:

I am the paternal grandmother and "custodial parent" (no legal standing) of my 7 yr old grandson, who has lived with me most of his life. Neither parent is willing to give up parental rights, but I want some legal rights, for his protection. (Child support is not wanted.)
Submitted: 8 years ago.
Category: Family Law
Expert:  LawTalk replied 8 years ago.
Good morning,

What are you trying to protect him from?

I’ll put forth my best effort in assisting you. When you are able to respond to my request for clarification of your situation, I’ll be able to assist you. In the meantime I would ask that you please stay on-line, just in case I need additional clarification from you regarding the factual circumstances relating to your question. Thank you for allowing me to help.


Customer: replied 8 years ago.

Both of the parents were very young and did not/ could not care for Logan. Logan's mother (TN) lives with an abusive boyfriend, and has a new baby girl, 1 yr old . My son Gideon (VT) has been in another relationship (which has/is brak

ing-up, because of his use of drugs, and his abusive behaviour) and they also have a new baby girl.


Expert:  LawTalk replied 8 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

You do not have necessary facts with which to convince a court that both parents should have their parental rights terminated--and you say that you do not want to do this, so it is a non-issue.

The only thing that you could do at this point as a proactive measure, would be to apply to the court to be appointed your grandson's Legal Guardian, if you are not already in that position.

You say that you are the custodial parent, however, if there is no court order to that effect, either parent could take your grandchild without notice and you would be hard pressed to prevent it. The status of Legal Guardian would give you the protection you are looking for. Otherwise, all you can do is to respond through the court system if he is taken by your son or by the natural mother.

I urge to you act right away. While the action is pending in the court, the court can order that the child remain with you.

I wish you and your family the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,


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