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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118237
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have Three grandaughters, parents are on drugs. The mother

Customer Question

I have Three grandaughters, parents are on drugs. The mother has a pending case against her for assault and Batery with a bat against my son. They are now back together. I had girls set up in school because they fight constantly and girls have spent a lot of there lives with me. The mothers grandparents bailed her out of jail 25,000 dollar bail set her up in a apartment and now she has come to the school and took the girls. As a grandparent I have become the bad person because I won't put up with there issues and now I can't see the girls. Do grandparents have a right for visitation. Or do I need to just let it go?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the parents will not grant you custody or visitation then you have a possibility to seek rights to get the children from the parents by proving the parents are unfit. Under the current status of the laws, grandparents rights are very hard to receive, because the US Supreme Court has stated the rights of the biological parents to make decisions for their child are fundamental rights (basic civil rights) which shall not be disturbed absent a showing the parents are unfit by clear and convincing evidence. See: Troxel v. Granville, 530 U.S. 57 (2000).

So, you could go to court and seek custody of the children based on the parents being unfit and you have to prove drug use and her criminal record to show clear and convincing evidence that the parents are indeed unfit and also the proof of the existing relationship with you would arguably make your custody in the best interests of the children.