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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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Goodmorning, my daughter with my 5 grandchildren move in with

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Goodmorning, my daughter with my 5 grandchildren move in with me its been 4 yrs now she moved leaving me with my 2 granddaughters last summer in June 2012 and the person she move in was incarcerated.She had nowhere else to go moved back in with me in November 2012. My daughter does not work she lives off the welfare system, now off and on she been leaving for days at a time no phone call or even a text message leaving the kids with my husband and I. I suspect she is using drugs she denies it of course. i finally told her that she needed to move out on March 1, 2013 she agreed , now I suspect she is leaving the grandkids behind. I know that my 2 granddaughter will be staying with me they refuse to live with her, as a grandparent what are my rights?

Hello and welcome.

I am sorry to hear of your difficult situation. My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.

Do you know whether your daughter would contest a petition for you to obtain guardianship of the children? She does still have physical custody of 3 children?
Customer: replied 4 years ago.

Actually she has custody of all her children. Right now we are not on speaking terms, She verbally gave me the title caregiver when she left the girls with me for school purposes. My son in law has been incarcerated for the last 3 yrs and 3 more years to go.

I see. Thank you for the additional information.

Unfortunately, unless you seek guardianship of the children, the mother could change her mind at any time and take custody of the girls, so it would normally be best to seek court-appointed guardianship for them.

I am concerned from the facts you provided that the other children may be in danger of neglect if your daughter is abusing drugs or otherwise not dependable. If you have a reasonable suspicion that she is using drugs or is neglecting or abusing them, it would normally be best to contact child protective services to investigate and take action on their behalf if necessary.

You do not indicate which state you live in, but if you would like to provide me with that information, I would be happy to look for information for you to review on the subject of seeking guardianship. Parents have constitutionally protected rights and grandparents do not, but since the girls have lived with you for so long, there would typically be a good chance of obtaining guardianship of them, especially if the mother does not have the resources to contest such a petition.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.


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