A grandparent who wants more control over the grandchild can go to court and apply for custody and custody, both of which are established by a court order. Even if there is a court order, parents can regain custody, but they should appeal to the court. In most cases, parents have access rights even if the child`s grandparents have custody. Grandparents have certain rights over their grandchildren and, in some cases, can apply for custody of their grandchildren. While grandparents can prove in court that children should be removed from their current home, grandparents are not automatically granted custody. They would still have to prove to the court that the child with them is in the best interests of the children. In such situations, there may be hostility between parents and grandparents, which can cause problems for children, as they can be caught in the middle of family problems. But the other 2 children are still not here with us and still in the care of the family friend. We asked the social worker what we should do, she tells us that it is a process and that they will be home soon.

We go to a court appointment months later and find out that she recommends staying permanently with the family friend where the children were placed at first. We were on the ground. We learned from the child`s lawyer that we need to fill out an XRF form. We didn`t even know what XRF was. This lady has no relationship with them, but now she wants to be her adoptive parents. My sister`s boyfriend is then the father of one child, but not of the other. We asked the social worker in April to fill out the RFA for us, and she showed up today and finally filled out one with us. She asked us if we were willing to take a child with us because the lady they are with only wants the boy. We told her, since they are both our blood relatives and my younger sister has passed away, that we both want her to go home. My question is: what should I do at this point? I feel like they took advantage of the fact that we had no idea of the whole process. Do we have rights to my deceased sister`s children now that the CPS is involved and has taken reunification rights away from the father or stepfather? What is the fastest and most cost-effective way to bring them to us? Be prepared, then prepare too much and make sure everything is in order, then take an experienced lawyer by your side and fight for your granddaughter`s well-being. Grandparents seeking guardianship must deliver the petition to the grandchild`s parents, usually through a process server or sheriff`s agent.

The document informs the parents of a scheduled hearing and the procedure required to respond to the subpoena and request. To obtain custody, grandparents must prove that they have had custody, custody and control of the child for at least six months. This usually happens in cases of voluntary abandonment, where first an adult child voluntarily gives the child to his parents and later shows up to pick up his children,” Aubrey explains. I have a daughter who has a 5 year old child and she just told me they live in her car, I can`t accommodate her because I don`t have room for her. Can I get my granddaughter`s guardianship or custody, and if so, how do I proceed? How you provide care for or access to your grandchildren can also have a significant impact on the outcome of your efforts. “Grandparents should talk to a family law specialist, as not all family law lawyers have experience in custody of grandparents,” Aubrey advises. The CPA removed my grandchildren from my daughter 9 years ago, although the CPA closed this case. I have never received documents indicating only an oral confirmation from the clerk. My grandchildren have been living with me ever since. My daughter has never recovered them except when she gets angry with me, but it could take a maximum of 2 days. My two grandchildren complain that she smokes marijuana around them, and sometimes they come home and feel like they smoke it themselves.

When I ask her about it, she gets angry and stays away for a while. She receives family allowances and claims my two grandchildren during tax season. I take care of the grandson as a mother should. While his mother lives her life to the fullest without bothering to see if my grandchildren are okay. Do I have the option to seek custody? There are more problems with it, but it would be a novel in itself. The same thing happened to my husband and I with our 2 grandchildren. If you can`t hire a lawyer, print out online forms that are likely to be available for free online in your state. Emergency custody forms and bring them to the courthouse. they must be submitted to a judge.

Be sure to indicate if YOU ARE AFRAID THAT THE PARENT WILL LEAVE THE STATE WITH THE CHILD. Be prepared for the battle of your life. and good luck, all states have currently passed some sort of “Grandparent Visitation Act,” which gives grandparents the right to receive a court order to see and interact with their grandchildren. Visit orders specify the date, time and circumstances in which the planning of the visit is to take place. I have the same problem that my daughter died a month ago, the boyfriend was violent towards her and we don`t know what happened to her for an exam and he has a one-month-old granddaughter that I somehow want to know that I could buy custody of my eight-month-old granddaughter, thank you I am in Texas and in a difficult situation, in which my daughter has been living with my father and his wife for about 5 years because I went through a difficult phase with drinking. I`ve made a lot of mistakes in my past because of drugs and alcohol. I had obtained full custody of her from her mother years ago. I went to rehab and improved a lot and was involved in my daughter`s life for 4 years, but she lived with them all the time.

She is 8 years old. I argued with my father because he told me they could move, so I asked for custody and my father said no. Aside from the voluntary waiver scenario, there are other cases where grandparents can request custody or access. “If one of the parents is deceased, the parents of the deceased parent may be able to sue. In addition, grandparents may meet constant requirements if the child has been placed with the grandparents by child protection services, as the child`s living conditions pose a danger to the parent. However, it is in quite extreme circumstances that these situations occur, and it is very nuanced, “advises Aubrey. I am the grandmother of my 21/2 year old granddaughter who has been in my house since her 2nd month. I am in a custody battle and none of the parents come to visit the baby. Meanwhile, courts in a minority of states do not base grandparents` visitation rights on the best interests of the child. These States attach great importance to the right of parents to raise their children as they see fit. They will allow parents to prevent grandparents from having contact with their grandchildren provided that both parents agree. Grandparents who want access rights in a state with this type of law should consider mediation with parents.

Once the interests of both parties are considered, a satisfactory agreement can be reached that gives the grandparents some visiting time. It is difficult to navigate the custody of grandparents. You don`t have to do it alone. Shannon and Chris LaFrance are experienced family law lawyers who know your grandchildren deserve the best possible care. Contact LaFrance Law to find out how we can help you get your visit and temporary custody. Aubrey advises: “If you are a grandparent, you should know what rights you have as a grandparent and whether you have the right to seek custody of or access to your grandchildren. If you have the right to go ahead and make a court order, then it`s better for everyone, especially children. As a grandparent, it is extremely important that you have custody of the children, especially if you want to keep them as adults.

Without the right court documents, your position will become much weaker if parents want to regain custody of their children. Any advice would be great because I don`t know what to do. I even called the police and their advice was to hire a lawyer because they don`t deal with civil matters. In some cases, parents recognize the negative impact of certain circumstances on their children and agree to transfer custody of a child to a grandparent for the benefit of the child. If possible, developing a voluntary agreement between parents and grandparents is usually easier and less disruptive for everyone involved, including children. I think the way you approach this issue is sometimes the best possible way. This way, there will be fewer arguments and your daughter will feel as if she is in charge. In reality, you and your grandchild will get the best results for both of you. You can feel that your grandchild is safe and happy, and that your daughter can live her life the way she wants.

It will probably stay that way until she realizes she needs to grow seriously. In both situations, and in all their variations, grandparents may need to formalize their status in order to care for their grandchildren. My son has received a court order in which he has custody and the mother cannot even be visited. She is addicted to heroin and has been separated from my grandson for over two years. My grandson lives with me all the time. My son recently fell for his tricks and allowed him to live in his apartment. She wants to see Travis all the time now, but there`s the court order that says she shouldn`t bypass her son. .