What are our legal rights if my daughter abandoned our granddaughter? - Child Custody Law Questions and Answers- LawQA.com

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What are our legal rights if my daughter abandoned our granddaughter?

We have been caring for our granddaughter. Her mother has not been in contact with us for a week and is harboring her husband who is running from the law. We do not know where they are at this time. We need to know what our legal rights are concerning relinquishing our 6 year old granddaughter to the mother if she appears here and wants to take her away from here.

Answer By Annette M. Cox
Law Office of Annette M. Cox, PLLC
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I would definitely consult an attorney to explore your options. You can file for emergency guardianship or consider obtaining custody in loco parentis. There are different standards and requirements to meet.

Answer Applies to: Arizona
Replied: 1/6/2014

The Davies Law Firm, P.A.
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Sorry to hear your daughter is doing this. Bad. Go see a smart lawyer, and go to court to get custody. Protect that child.

Answer Applies to: New Jersey
Replied: 1/6/2014

Answer By Lauren H. Kane

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You need to file a Petition For Custody pursuant to grandparents rights.

Answer Applies to: Pennsylvania
Replied: 1/3/2014

J. Barbour Rixey, P.C.
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She has a right to take the child. If you want to prevent that then file a petition for custody of the child.

Answer Applies to: Virginia
Replied: 1/3/2014

Answer By Arlene D. Kock
Law Offices of Arlene D. Kock
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Immediately pursue the protections of a guardianship with ex parte orders to have the child placed in your continuing care. Please meet with an experienced family law attorney to explore your legal options.

Answer Applies to: California
Replied: 1/3/2014

Answer By John Russo

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You have none. The question should be this, "How do we obtain standing before the court under this same fact pattern." Simple you file an emergency petition before the family court, to give you temporary custody of the minor, and at the same time filing a 2nd petition to establish a legal guardianship over you'r grandchild. You really need a good family court attorney.

Answer Applies to: Rhode Island
Replied: 1/3/2014


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You have no legal rights as it stands right now. In order to obtain legal rights, you need to petition the court for a guardianship. This is an emergency so you should contact an attorney asap to file for an emergency hearing.

Answer Applies to: Indiana
Replied: 1/3/2014

Peters Law, PLLC
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Well, if you want to prevent that you need to file for guardianship. If you get it, then she will have to have the guardianship terminated before she can take the child.

Answer Applies to: Idaho
Replied: 1/3/2014


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If there is no existing custody order, it is unlikely, at least in Mississippi, that police would force you to surrender the child to the mother or the father. They'd likely tell everyone involved to sort it out in family court. You could seek emergency temporary custody on the basis that the child has been left with you and you have no way of contacting either parent. This would give you the legal right to custody on a temporary basis, while you (through your lawyer) make efforts to locate the parents and serve them with process in a custody action. In Mississippi, the natural parents are entitled to custody of their child unless it can be shown that they have abandoned the child, have abused/neglected the child, or are otherwise unfit. The law of your state may or may not be similar. You should contact a local attorney to discuss your options in more detail.

Answer Applies to: Mississippi
Replied: 1/3/2014

Answer By Paul Zahn
Law Office of L. Paul Zahn
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I suggest you seek out a guardianship for your granddaughter so that you have the authority to prevent mom from taking her.

Answer Applies to: California
Replied: 1/3/2014

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