can a grandparent get legal custody of a grandchild if her daughter is a unfit minor child?

Question

my neighbors daughter is only 16 and she can barely read and write she just had a baby about a week and a half ago she is not very fit to be a mother at all what can my neighbor do to get custody rights over her grandson in his best interest this girl can't even take care of herself and gets mad when she is asked to pick up her room she is constantly cussing and screaming at everyone in the home including her mother she has been arrested several times and has been in juvenile detention her friends have her thinking she can be emancipated but how is that possible if she cant read or write

Answer 1

It depends upon the law in your state. Nothing legal is easy. A parent's right will always be favored over a grandparent's rights. Basically, the grandmother would need to file a petition against the daughter and the baby's father. Sounds to me like she needs to first establish paternity. If it is determined that the boy is the father, his parents too will probably want to file for custody if the daughter is unfit. Basically, by filing for custody, you open up another can of worms - the boy's parents getting custody.

In my opinion, it would be better to try to get your daughter and the child's father to let you adopt the child outright. It would be cheaper and with no additional financial responsiblities, the boy and the mother will likely allow you to adopt.

If you get custody, they still are obligated (by law) to pay you child support. Also, you have that problem of his parents trying to get custody just to keep you from having custody.

Answer 2

I can not believe what i have heard! the ggod mews that i have is your neighbor can legally take the child away or have the other grandparents take the child. Iknow this because this had happened to my step-sister. my step-mom had her son taken away because she was an unfit mon( cussing and fighting constantly, abusive nature, no job) and her son was sent to his fathers grandparents. So what your neighbor needs to do is call child protection services, explain the situation (unfit mother and whhy? and is trying to leave ans be emanipated with an infant child), ande they should be able to help and at least save the babies life. the only bad part is that she can by law gwt emancipated from her parents at the age of 13 and can be support partially by the gov't. And unless proven to be an unfit mother the gov't might help with the child. so i would get on this right away and stop her before that poor babe is hurt in the process.

Answer 3

I find it difficult to think the parent of an illiterate 16 year old who gets pregnant would be FIT to raise the grandchild. Sure, the 16 year old is unfit to be the parent but what makes the grandmother better?? She raised the teen mom. Should she make the same mistakes with the grandchild? The whole environment is unhealthy. Let Child welfare and social services sort it out. Report it as is.

Think about it.

Answer 4

Yes they can but are they fit to be parents? Why have they raised a child who can't read of write? I sounds like maybe they are not fit either.They all need some seroius counseling, she wouldn't be so screwed up if they hadn't done some bad parenting themselves.Sounds like social services needs to step in.

Answer 5

The grandmother has no right to raise another child. What will she do differently??? The girl needs someone who will show her what it is to be a "MOM" and help her learn the things her mother should have taught her.

Answer 6

If what you say is true, it should be pretty easy to get full custody of the child.

Answer 7

Hell "NO" they shouldn't be allowed to rear a grandchild, if they haven't figured out how to rear the child's mother.

Answer 8

Below link might help you