Q: Can a Grandparent keep their grandchild from her mother without a court order?
My 21 year old daughter has a 7 month old baby. My daughter has been battling with drug addiction on and off for about 5 yrs. Recently she dropped her baby off at her fathers house to stay for a few days. When she returned to pick her baby up her father refused to let her have her baby. He says he doesn’t like her lifestyle because of the drugs. Can he legally do that? Can he keep her baby from her without a court order?
A: If your daughter was never married to the father and he has never been adjudicated the father by the Court then no. However, he can petition the court for paternity and custody. The father can also file an ex parte emergency custody petition with his paternity action to get immediate custody if the circumstances of your daughter's addiction is putting the child in danger.
I would suggest you get a guardianship over the minor child if you are in a position to raise the child until your daughter gets well. She can consent to the guardianship which will make it easier and simpler for you.
A: I misread your initial question. She dropped the child off at HER fathers... not the child's father. The short answer is no, he cannot keep the baby. But like the Answer I previously provided, either grandparent can petition for ex parte emergency custody and a guardianship over the child.
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