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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My daughter had her children taken from her home by CPS. She

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My daughter had her children taken from her home by CPS. She signed for them to stay with the oldest child's great grandmother (which is no relationship to the youngest). I am the biological grandfather to both. Do I have any rights to the children?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

You do have the ability to file in court for temporary guardianship. As a biological grandparent, you can claim a closer bond to the children, and that it would be in the best interest of the children to be with you instead. However that right would be at the discretion of the courts; that means to prevail you have to show why you are more fit and a more proper choice for temporary guardianship than the great grandmother, and how she may be unable or unfit to take care of the children. Always make sure to show that what you are doing is solely for the best interest of the children (as that is the court standard in any family court/custody hearing).

Good luck.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 8:22 PM EST
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