How can a grandparent prove a parent unfit in court?
The grandparent cannot. Only a legitimate agency, such as Child Protective Services (CPS) can do so.The grandparent can file a complaint with CPS to have the parent investigated, and that will get the process started. CPS will investigate, pull the police records, check with the school for absenteeism or signs of abuse - whatever the complaint claims is happening. Depending on the evidence they find, the children may be removed from the home immediately, or the parent may be required to go to family court where a judge will decide what is in the child(ren)’s best interests.But… be very careful doing this. If you think you’ll automatically get the kid(s), you are wrong.The court can decide the “unfit” parent just needs to complete <
Can a grandparent take the child away from its mother legaly if she has proof that the mother is unfit?
My parents took my sister's boyfriend's son...here's what I learned from it: Well, the grandparent can't just "take the child". She'd report the unfit mother (or father) and her actions and then Child Protection would come and investigate the allegations. If it's proven that the mother is unfit, then the grandparent would come forward as wanting to have custody of the child. Normally, this would be granted as a "foster child" to the grandparent and the grandparents would have to go through some classes and complete a program to legally become his/her foster parents. They'd also have to make sure they have the correct provisions and environment for the child to stay in (his/her own room, clean, etc...) and they have to do some things like draw a fire exit map and post it by the doors. If the grandparents are unwilling or unable to become the foster parents, the county usually will offer the child to other close relatives. If no one else from the family comes forward, then the child goes to a foster home with strangers. Usually, the parent has "x" amount of months to turn their ways around, get therapy, attend parenting classes, etc... Then they get the kid back. The county just gave his kid back after 6 months of my parents caring for him. He didn't care for him again after a few weeks, so my family stepped-in again. They were awarded another temporary foster care for another 6 months. After that, he did turn his life around and proved it (drug tests, job, supervised visits, etc...) and the kid didn't get taken away again. So, it's really hard to get a kid removed from a parent permanently, but pretty easy to get temporary custody. I suppose you could, during the time of temporary custody, petition to the court for full, permanent custody if you can prove that it's in the child's best interest to never be with their parent in an unsupervised setting. Check your local social services for local laws/methods. My family's experience was in MN. Maybe it would work to ask the mother (maybe with a therapist or mediator) to get some help and ask her to sign-over her rights to the child. ...Even if temporarily. Maybe she'd welcome the break to clean-up her act and it'd be a big relief for her.
If a grandparent believes their child is an unfit parent, what is the process of separating their grandchild from the grandchild's parent and adopting him/her? This is in California.
First, find a lawyer. And here are some thoughts:There really isn’t a process for one adult to decide another adult is an “unfit parent”. Either your adult children cooperate and willingly give you custody because you somehow persuade them or you make police or CPS reports of concerns that are absolutely severe enough that the children are removed from the home. The state is going to first want to work with the parent and give them every opportunity to retain custody of the children before placing them in foster care and after placing them in foster care the state will be interested in keeping the family together. If your grandchildren are placed in foster care after you or others have made reports of severe circumstances that necessitate removal, you can take classes and undergo a home study to qualify as caregivers or foster parents. If you qualify and the children are in foster care, you have a good chance of them being placed with you. The children cannot be forcibly removed from your adult children without a lengthy legal process in which they as parents have many rights and parental rights are only terminated in extreme and severe circumstances against the will of biological parents.If both biological parents are incarcerated or hospitalized you could petition for temporary custody.The kind of thing that makes parents unfit are such things as leaving young children alone overnight, the children being demonstrably mal-nourished, severe medical neglect, verified sexual abuse, beatings with objects or beatings that leave bruises, and other such criminal acts.If you are aware of abuse of that nature, or emotional abuse of a severe nature go ahead and make reports.If you just feel that the parents aren’t as stable as they could be, if you disagree with their parenting philosophy, if you think they are messy and disorganized, or they are financially stressed, consider whether it might be more useful to offer emotional, practical and financial support to the parents to assist them in getting the family more stable.Of course, I don’t know the situation, am not a lawyer and don’t know what you have tried. You may have tried all that.And that gets back to square one: a lawyer to advise you.Best wishes.
How to tell a Grandmother she is unfit?
My daughter is only 18 months old and I dont trust my boyfriend's mother or her boyfriend. My boyfriend's mother is really a sad case. Sometimes I see alot of issues with my boyfriend because of his mother, but thats another story. The problem is that his mother has a new boyfriend that she met on her job as a waitress and he is a waiter at the same place. This man looks like he like woman and men. This woman was sleeping with this guy and he gave her Hepatitis C. It almost cost her life and she still stayed with this nasty guy. He lied and said he was tested and didnt have it and would take care of her. My boyfriends sister says this guy would hang at a bustop and tries to talk to women and even tried to talk to her in the past. This guy has no car and the grandmother does'nt have one as well. My boyfriend sister said that she use to have to watch this guy around her daughter because he would be having his shirt off with her two year old on his belly. This guy would also kiss the little girl on the lips and wont her to nap with him in the grandmothers room. My boyfriend sister lived with her mother and got in a big fight because of how the grandmothers boyfriend was acting with the child. Also in the past I found out my boyfriend sister was raped by her mothers past boyfriend when she was just 11 years old. The Grandmother blamed her daughter for it and choose the boyfriend over her own duaghter. The grandmother and the daughter have always had a poor realationship because of what happend. That day the grandmother let her boyfriend call her all kind of bad names and kick her out with her child. There was also a time my boyfriend had to pick up his mother and loser boyfriend from a bad drug area on Thanksgiving. I did not know she smoked weed but that night is was clear. Im really not sure what she smoke because the way she was acting was very hard to tell if it could be crack. I dont wont my baby around them losers period. The grandmother called and said that she was coming to get the baby and I had to make up a lie so that she couldnt. Im really tired of being fake with this woman and cant understand how a 42 year old woman can be so low life and trashy. How can I tell her in a nice way I dont wont my child alone with them? What would you do if you was me?
What do grandparents do when their daughter dies and their grandchild doesn't want to live with their father?
If only it were so easy for the grandchild to just move in with her grandparents. But that’s no longer how the system works. If the grandparents are physically & mentally able to care for their grandchild (and they chose to take on that responsibility), there would be a court hearing to determine if this is a ‘good fit’ according to the courts. Grandparents would need to prove available finances, a place for the grandchild to stay, etc. The court can consider receiving child support from the father to the grandparents, but that’s not as easy as it sounds. The father may fight this like a 5-alarm fire. It also depends on how old the grandchild is - it appears she’s in her teens in this situation, but is she 13 or 18?If the grandchild refuses to live with the father, obviously there would be a hearing on WHY she can’t live with him. She may have legitimate safety concerns which the court would need to take into consideration.
Do grandparents have rights in texas?
Let her waster her money. First the term 'grandparents rights' is a misnomer. Grandparents can seek visitation or custody just the same as anyone else can. The first thing they would need to prove is that them NOT having a relationship with the grandparents would cause them (the children) harm in some way, and that is just to get visitation. Not easy to accomplish. The few times it actually does work, would be in the circumstance where the grandparents were caregivers for years while the parents were away, now the parents are back and won't allow the children to see the grandchildren. Another reason would be (and in some states it is actually a requirement) if one parent dies, and the surviving one cuts the grandparents out of the child's life, they would stand a decent chance in court. In order to try and obtain custody, she would need to prove you unfit. Tell her to pound sand and quit talking to her about it, if she mentions it, hang up or leave. Eventually, as Pavlov taught his dog, she'll learn that when she mentions it, it's all over. You really can teach an old dog new tricks...
Can child choose to live with grandparents at age 16?
If you live in the US…. No, you cannot choose to live with your grandparents. A court will consider a teenager’s wishes regarding which PARENT to live with, but in this case (a parent and a non-parent), the court will not even consider your wishes. The only way your grandparents will receive custody against your parents wishes is if your parents are proven to be unfit. It takes A LOT to prove unfitness and your Mom yelling at you, while that’s not good parenting skills, does not make her unfit. Since others have mentioned emancipation…. Despite what people seem to believe emancipation is NOT the answer to everything and it is NOT easy to obtain. No judge will emancipate a minor if their plan upon being emancipated is to go live with someone else. That’s not the purpose of emancipation.