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Custody is determined by a judge. Whether or not the grandparents can get custody of a child depends on the judge and state law. In Florida, after it was established that the mother could not take care of the children, the judge would ask, "Where is the father?" He would probably have the first opportunity. HRS would also need to be involved. If those two hurdles were cleared, then it would be the grandparents could probably gain custody. Some other states follow the same procedure. Call your local child services and see.

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Q: Can grandparents get custody of grandchild if the mother is mentally ill?
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Related questions

What are the responsibilities of a grandparent?

Unless the grandparent is the legal guardian of the grandchild, or if the mother is still a juvenile, the grandparents have absolutely no responsibility to the grandchild.


Can a grandmother take custody of her grandchild if the mother is unfit and the father lives is in jail going to get deported?

The court would have to award you custody.


Do grandparents have rights in a custody battle?

That depends on why the mother lost custody in the first place. The court must have granted the grandparents custody for some reason. If they have custody now you have to apply in court for the custody to be moved.


Can half sister stop grandmother from seeing her grandson?

FOR MY OPINON NO BECAUSE GRANDMOTHER IS BLOOD AND ELDERLY AND HALF SISTER IS IN BY MARRIAGE SO YOU DON'T COME IN A FAMILY AND DISREPECT ELDERLY If the half-sister is the mother of the grandchild, or has legal custody of the grandchild through other means, she may have the authority to stop the grandmother fro seeing her grandchild, depending on whether the state in which the grandchild lives has laws establishing grandparents' rights.


What has to be done to get grandparents rights?

The grandparents can get access towards there grandchildren by the mother and father dies and they get them. Or the grandparents file for custody of the children


If a child lives with the grandparents can the mother come with pilice to take the child?

It depends on who has legal custody.


Is a paternal grandmother with permanent custody of her grandchild a parent or are they a family?

A paternal grandmother with permanent custody of her grandchild is considered a family member rather than a parent. While she may have assumed the role of a parent by providing care and custody, her legal status is that of a grandparent.


Can the police force grandparents of a child to give the child to the mother?

If the grandparents do not have legal permanent custody and the mother has proof she is the child's legal custodian, even if she has been absent in the child's life--yes, they can. If you believe the mother is unfit to care for the child or you have had physical custody for a long period of time with little or no contact from the mother, you can file an emergency appeal for custody with the courts. A temporary custody paper will not keep the child with you if she ever signed one as she can revoke it at anytime.


Can grandparents seek custody if both mother and father or unfit parents?

Yeah, they have several of the same rights.


How does a mother get legal guardianship back from child's grandparents?

You have to go to court and seek custody as well as guardianship.


If father has primary custody and goes to work out of state and step mother stays home with child can the mothers grandparents try to get custody for that time?

They have no court standing


My Grandparents have physical custody and shared custody with mother only Can you get married before 18 years of age without their written consent?

Adding to the question it is in the commonwealth of virginia.