0
When both parents are deemed unfit by a court and social services, it is possible for grandparents to get custody of the children under a judge's order. The grandparents wishing to get custody of minor children should petition a court for a hearing on the matter.
Wiki User
∙ 9y ago
Wiki User
∙ 12y agoThe grandparents could file a petition for permanent guardianship. They should consult with an attorney who specializes in family law who can review their situation and explain their rights and legal options. The attorney may advise them to file a complaint with Child Protective Services or Social Services in their local area. She/he can also assist them to prepare evidence to convince the court the children would be better off with the grandparents.
Wiki User
∙ 13y agoYou will probably need to take it to court, or report to child services. You have to have evidence if anything if you are going to gain custody. Now this may not be a accurate answer, but that's what I would do.
Wiki User
∙ 7y agoDocumentation is your best bet. Take pictures, keep a journal about what you experience, etc. It's definitely not going to be an easy thing, but if children are in danger and you can prove it, and have extensive documentation, then you should take it to a lawyer and see if you can get those children into a better situation.
Wiki User
∙ 8y agoThat change in legal custody can only be accomplished by a court order. Only a judge can make that decision after hearing testimony. The father must submit a petition for sole custody in the family court. The judge will review the reasons why temporary custody was awarded to grandparents and the reasons for the mother's status as an unfit parent. A decision will be rendered based on the best interest of the child.
In matters involving custody the father should be represented by an attorney who specializes in custody issues if possible.
Wiki User
∙ 12y agoYes but they have to go through court and the judge will decide but unless they are unfit they can.
Add your answer:
Earn +20 pts
Can grandmother have custody if parents never married?
Only if the parents are found unfit does the grandparents as well as other relatives have a chance for custody.
In New Mexico who has custody of children if the parents are not married?
The mother assumes automatic custody, unless she is unfit.
How do you get soul custody of child?
To get soul custody of your children you must prove the other parent is unfit. If they have any addictions, proving they are unfit will not be hard.
Who gets the custody of the child if the mother is having an affair in UK?
The court care about what is in the best interest of the children and just because one parents had an affair does not mean they are unfit to parent. It can be shared custody or one get it. The court wants the children to have access to both parents. The affair will not be the thing that decides custody.
When do mothers lose custody of their children?
when or why? Mothers will lose custody if they are found unfit by a family court
Can a family member other than a parent file for custody if parents are unfit?
Yes. I am a family member that has full legal custody of a my grandychildren because both parents were found unfit by a Juvenile Court and Children Services agreed because of "best interest of the child" The parents were given 22 month to work a court order caseplan, but failed to comply so I was given custody of the children. The parents have visits on the 2nd and 4th Saturdays of the month and no overnights. The parents were also ordered to pay monthly child support.
Can Temporary custodial custody for step parent be granted if both maternal parents are unfit?
Possible, but difficult if other family members are available to take children.
Can an out of state parent gain custody of children?
Yes, depending on the circumstances. Generally, the parent who has custody must be deemed unfit for the court to remove the children from their custody. You should seek advice from an attorney who specializes in custody issues in the jurisdiction where the children reside.
How do you go about getting full legal guardianship of a 17 month old grandson?
pove the parents are unfit. Social service could be called for problems. If the parents are unfit, you could apply for custody.
Is it illegal to leave children alone if father has full custody?
Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.
How does a mother gain back custody of children when she is found unfit by family court?
You do not take custody of a child from a mother who you think is an unfit parent. You petition a court to make a determination that the parent is unfit and grant custody or a guardianship to you. See related link regarding the factors a court considers in determining a parent to be unfit.
Can grandparents seek custody if both mother and father or unfit parents?
Yeah, they have several of the same rights.
