Do grandparents have the right to fight for custody when theie daughter in law as basily dump her son on them?

Question

Grandson now living with his grandparent his mother hasn't made any effort to check on how he's doing. He about to start the senior school in september. How do the grandparents stand

Answer 1

If the mother dumped him, what are the chances that she will just forego the custody fight and give you legal custody?

Grandparent rights are only covered in some states, so depending on what state you live in, you may not stand a chance in a court fight, but buttering her up and getting her to sign the paperwork is the best way to go about it.

Answer 2

Custody battles usually have to go through social services and it has to be a substantial amount of time she has abandoned him for. Grandparents definitely have rights to custody because a courts view is if she's done it once she could certainly do it again. To dump your kid on someone else is abandonment which is a form of neglect and in no way shows care or love which is are the foundations of a stable home.

A child needs a stable home for senior school, it is a difficult change for every child and they need to be as clear-minded as possible.

If the father is unstable or not around full custody is almost certain unless the mother can PROVE she has changed and plans to change, and even so, she may just be awarded visits until further notice.

I would say the grandparents are entitled to fight for custody, there is nothing against fighting for it. Grandparents are family members so the child is more familiar with them too. The tables may flip sometimes during the custody battle but its more than likely it wont as long as the grandparents are proved to be stable parents and they can offer a good upbringing, etc.

Answer 3

I think some people need to check before they speak. Michael is somewhat right. Some states do acknowledge grandparents' rights - but that is only for child visitation, not custody!!!! No physical person, has rights that trump or are equal parents' rights - no one, people. The only "entity" would be the state and that is only in cases where the child's health, safety or welfare are in jeopardy. Hence the reason for Social Service Departments.

If the daughter-in-law has truly dumped the son on the grandparents and has disappeared, the grandparents (assuming their son is dead) can petition their local court for an emergency hearing.and request the court to temporarily grant them guardianship over the minor child. The court will need to know what happened to their son along with the whereabouts of the daughter-in-law.

If I were in their shoes, I would do so IMMEDIATELY. What if the child gets sick and needs to be admitted to the hospital? No one can sign any authorization for treatment, except the legal parent or guardian.

Answer 4

Only if the grandparents have won custody by the courts do they have rights. A right to fight, yes. The parent can sign over rights but check with that state's family law on procedures.

Answer 5

if a parent ahs no contact with there child in 3 months then the main care givers of the child (ie-the grandparents) can apply through the courts for temporary custody of the child, this is because they would want to find out back ground on the mother and if she intends to return, in some cases even if the mother does return she does not have the automatic right to remove the child she would herself have to apply to the courts. because the child is with his grandparents who have a biological link to him then they stand a very good chance of being granted custody. the fact that he`s about to start senior school also means he himself would have a say in who he wants to live with which would aslo go in there favour.

hope this helps.

Answer 6

As i understand social services would have to be involved. There is what is known as the 3 'c's, Care control and custody of a child. Social services are able to take the care and control of a child but not the custody, that remains with the mother until a court takes it away. Your only option at the moment is to seek a temporary residential order over the child and seeking parental responsibility as well as the mother. You are best taking professional legal advice on this .
Good luck

Answer 7

My children? They both had someone to pick up after them and now they leave everything as it falls... I think my daughter is a little better. That pair have had everything handed to them - more overseas trips than I've had - and I'm not sure they were done a favour - both need to get their priorities right and get their own homes instead of waiting on Mum and Dad to cark it...their grandparents lived to be nearly 100 on their mother's side....

Answer 8

Yes, Grandparents can be more successful when going to court than the actual parent of the child,

This is normally because they normally have both the biological link to the child and the time to look after them, where as parents are normally still working.

Answer 9

Like they say - possession is 9/10 of the law.
If he lives with them, and she doesn't support him at all, they have a good chance of getting guardianship at the very least. If they can prove that she's pretty much abandoned him with them, then they're more likely to get custody.

The best way to do that is to take it to court - unless she's willing to just sign her rights away to them.
Her son will have to testify that he doesn't see his mother much at all, and that his grandparents take full care of him. They will have to present receipts for his care - things like clothes, school supplies, games, toys, that sort of thing. That puts the burden of proof on his mother, that she supports him.

They'll probably have to file for every option they're willing to accept - but they'll need a lawyer to confirm that. They'll want the options of at least Guardianship, Custody, and Support Payments (if they aren't granted the others). She might be willing to settle outside of court for support and guardianship.

Answer 10

I believe the grandparents do have the right to fight for formal custody if they can prove that the mother is unfit and has abandoned her son.