Q: I've had my granddaughter for almost 7 months. Can I get custody of her?
Mother lives in Oregon she initially said my granddaughter would only be here for the summer. She came to colorado may 5 2014. We never hear from her unless I call her mother to ask what's going on. She first said she would pick her up in September then she said October and now she says November. She has told me she had to live in a car with her other daughter for a month. She is very unstable with no job and smokes weed and drinks. I know because my granddaughter would smell like weed all the time when they lived in colorado. I'm very worried she is 4 years old she needs to be in school and some were stable what can I do as a grandmother?
A: Once the child is in Colorado for 6 months, and presuming there are no custody orders in Oregon, you, as a grandparent, can seek custody, pursuant to CRS 14-10-123, as the child is not in the care of either parent. Even if there are Oregon orders you may be able to file for custody here, presuming, again, child has been here with you for 6 months. If the mother decides to take part or fight, though it is a best interest standard under which the case would be decided, the court would have to basically determine the mother is unsafe or cannot care for the child.
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