If grandparent have full custody of there grandchild and the biological parent (granmothers son) want to get full custody of his son, who is 6 yrs of age, is it possible? The grandparent says it is not! is that true?
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2006-06-21 18:00:30 · 7 answers · asked by camrenalexis2 2 in Politics & Government ➔ Law & Ethics
You need to talk with attorney. How did grandparents get custody? Why? How long have they had custody? Has he been seeing him? Usually there is a reason when a child is taken from parent & the courts or slow to move a child around too much.
A family attorney can help you.
2006-06-21 18:05:18 · answer #1 · answered by Wolfpacker 6 · 0⤊ 0⤋
It depends. Typically, if the judge presiding the matter does not see a legitimate reason the child should not be with the birth parent(s) they are more likely to put the child with the parent seeking custody than allow the child to stay with the grandparent. It is generally thought, in family cases, that a child is much better off with a parent than a grandparent as long as there is no evidence to deter a relationship between said parent and child. Grandparents do have rights, but in this case, depending on the ability of the father to care for the child over the grandmother, the father will most likely regain custody. It would have to be proved that the father is somehow unfit to raise the child (drugs, abuse, living conditions, etc.).
2006-06-22 01:10:16 · answer #2 · answered by 0000000 3 · 0⤊ 0⤋
The law always encourages the true biological parents to obtain responsibility and custody of their birth child however; if there is abuse or neglect involved, the courts will frown upon changing custody until the parents can prove they are legitimately able and capable of being responsible parents. The biological parents "always" have an option to go to court to prove their position. Always.
2006-06-22 01:07:55 · answer #3 · answered by THE SINGER 7 · 0⤊ 0⤋
That is up to the court.
It is possible, but the court will consider all factors and decide the issue based on "best interest of the child."
2006-06-22 01:05:29 · answer #4 · answered by Left the building 7 · 0⤊ 0⤋
Depends if there was court order granting legal physical custody of child to grandparents.
Also check to see if he ever gave up his parental rights.
2006-06-22 01:05:11 · answer #5 · answered by Anonymous · 0⤊ 0⤋
There are always factors for the best interest of the child. Anything is possible, but there would be a lot of factors, so yes it is possible.
2006-06-23 13:22:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
see a lawyer and take them to court..
2006-06-22 01:05:17 · answer #7 · answered by alleykhad607 5 · 0⤊ 0⤋