grandparents seeking legal custody

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msbkelly

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We have been raising our grandaughter (Melissa) for almost 4 years and my daughter is now treatening to take her away. She is now 14 years old and we raised her for the first 3 years of her life and the last 4 years also. After she turned 3 my daughter married had 2 other children (father now has physical custody of them). My grandaughter came back to live with us when the marraige failed. My daughter receives $400 a month child support and spends it on herself. I have never asked her for a dime. My daughter drifts from place to place, refuses to work, drives illegally in a deathtrap vehicle without a care. She is always very disrespectful to me and this weekend she went overboard. Police were called. Now to hurt me she is taking Melissa. Melissa does not want to go.

My other 2 grandchildren live with their father. My daughter's scheduled visitation days with them are every other weekend from Friday night to Monday Night in my home. She is ordered not to take them anywhere overnight. They must remain in my home for the entire visit. She has very bad parenting skills. During their visits I usually am the one taking care of them, preparing their meals and taking them to fun places. Alot more can be said. Back to Melissa. She is happy and doing very well socially and academically. She is charming and intellegent. Her worst fear is to be taken from us. Her real father has never been in her life but does make his support payments to my daughter on-time everytime. My daughter does not contribute financially during weekend visits. Instead she is always wanting more from us than we can afford. What are our chances of getting legal custody of Melissa? Financially we are struggling but have options.

After asking my daughter to leave and calling police my daughter is still here. Her car will not start. She also told the police she lives with me so I was told I had to get her out legally.

I sent my grandaughter to my brother's yesterday so my daughter can't take her. My daughters lifestyle and choice of friends would bring harm to my grandaughter.
 
You have an unfortunate mess and I am so sorry to hear about the pain and trouble you have had from your own daughter. It would be impossible for me to say what chances you have of being able to retain custody of your granddaughter. Based upon what you're saying, a judge may certainly find that staying with you for the moment might be in the "best interests of the child" - which is the standard that child custody law uses.

At some point you may need to start using some hard love with your daughter, as I can see you have already begun. Legally it would appear that your daughter has custody of your granddaughter but there are some issues in play here. To begin, you might want to discuss with her the potential "fraud" of spending the child support money on herself. You will almost certainly want to speak to a family law attorney to discuss petitioning for custody of your granddaughter. If what you're saying is true, a court may agree with you regarding the best interests of the child. I don't know and can't say more. Note - in this instance, you will probably have the burden of proving that the best interests of the child are in granting custody to you over the presumption of the child's mother. I hope things turned out well.
 
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