Q: Can I get custody of my grandson who I've cared for two years without much help from the parents ?
Mom is my daughter. She is willing to give up parental rights to me. Dad is my son in law who doesn't want to give up rights to me. They are separated but not divorced. Both are sort of still involved in his life but only when its convenient. Neither is employed and dad is homeless as well. I have raised my grandson for the last two years. I have provided for him in every way. How difficult would it be to get custody ? Or should I just get guardianship ? I want to xo what is best for my grandson. Neither is really interested in raising him. Very difficult situation
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A: You do have the right to seek custody of him, which would take filing a new case, unless there is a divorce filed which has not been completed, in which case you would file a motion to intervene and for custody. You should consult with a family law attorney, as there are various pitfalls along the way and the standard for a non-parent to gain custody of a child over the wishes of a parent is a little different than a battle between two parents.
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