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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I am a grandparent and my son-in-law and daughter was visiting

Customer Question

I am a grandparent and my son-in-law and daughter was visiting me and my son-in-law shook the baby while they were visiting now he's in jail the baby in dss custody and my daughter is in and out of court trying to get her back she has quite a few things wrong with her she's been placed in a foster home why can't we as grandparents get her. they say because it happened in our home but at no time were we ever investigated for anything
Submitted: 2 years ago.
Category: Family Law
Expert:  originallawyer replied 2 years ago.
Good afternoon:
I am very sorry to hear about your predicament. The only thing I can tell you is that unless you retain counsel and file a case in court for grandparent custody or visitation, DSS has almost unilateral decision making authority in who is able to retain custody of a child that is the subject of a case. They do not have to give custody to anybody, family or otherwise, unless a Judge requires them to.
They may feel like since the incident happened in your home, you should have been able to prevent it and because you didn't, that constituted endangerment of your grandchildren. That would be my assumption as to why they won't.
My advice would be to retain counsel if you want to pursue custody, even temporary, of your grandchildren.