Q: I was given sole custody of my infant grandson. His mother and father are both addict s and felons. Can they take him?
The father is in jail now and has been for a while. Hes not listed on the birth certificate and we arent even sure if hes the father. If he turns out to be the father, can he take my grandson frm me?
A: If he is in jail, he will likely not be successful. However, once he is out and he files for custody, and it is proven that he is the father. You as "third party" custodians would have to prove that he is unfit and/or exceptional circumstances have occurred. Even if you prove that then you would need to prove that it is in the child's best interest to be with you. It is not impossible and depending on how long the father has been in prison and other facts will determine the likelihood of success. You would do well to schedule a consultation with an attorney.
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