How can a grandmother get custody of her grandkids?

Question

My mother has been taking care of my nephews for atleast 1 yr. My sister is a drug addict & has not had a job since they moved in. She does not feed her own children because she is too busy sleeping or out partying. I have told my mom to get custody of the kids but she thinks she can't get it with having their mother living there. My mom kicked my sister out of the house about 1 week ago & kept the kids with her. What needs to happen before my mom can get full custody of the children. PLease help!

Answer 1

I'm no lawyer however I believe that as long as your mother can prove that her grandchildren's mother is an unfit parent then the courts will investigate the situation and if your mother can prove that she can provide a better life for the children then she may have a chance. However, her case has to be very strong first because it is EXTREMELY hard to take children away from their mother. It's even hard for the father to take custody of the children from the mother. The courts have to believe beyond a shadow of a doubt that the children will be provided a better life. What I woud do is have your mother ask her daughter if she will grant her LEGAL GARDIANSHIP of the children...she can say it is for in case of emergancy...if something was to happen to her then the she would be the childrens legal gardian (my mother has Legal Gardianship of my children) and from there she could possibly begin to seek custody. Where is the father? Cause the courts will look for the father first to give the children to before they even consider your mother. It is VERY hard for grandparents to get FULL LEGAL CUSTODY of their grandchildren...VERY HARD!!! Not unless her daughter gives up her children it's going to be a long and tedious process....but it is possible. Good Luck!!

Answer 2

First, she needs a lawyer experienced in these matteers. It would be easier and also better for the family, if the mother would consent. Maybe your mother could talk to her about her current problems , and work out an agreement to take the kids amd relieve her of that "burden" durng this difficult time in her life. If she can get the mother's consent it will be better for all involved. She definetly needs court ordered custody so she can claim them on her taxes, provide medical care, and have total parental rights for the children. The lawyer can help her get temporary custody pretty quickly while the permanent custody is pending. She needs to keep records of the LACK of financial support the mother is providing...the lack of responsibility she has demonstrated, failure to visit or contact the children...keep a notebook with dates and witesses. Lawyers are not cheap, but usually, the first consult is free, so she can interview 2 or 3. I hope things work out well. Sometimes it is NOT so hard...sometimes the Mom sees the light and gives her consent...sometimes mothers fail to show up for court dates...and that settles that!