Q: Could we be granted shared legal custody of our 6 year old granddaughter if we go to court.
My husband and I have been caring for our 6 yr old granddaughter (living with us) 5 days a week for most of her life. Mother has sole custody. She has signed a medical consent form so that we take care of all her doctor appointments. We are her paternal grandparents.
A: The Family Court Code does not provide for shared physical placement of non parents. If the parents would be found to be unfit, you could petition for guardianship. However, for a third party such as a grandparent to be awarded placement, not visitation, there would need to be a referral to the Department of Human Services or some other agency if the parents are unable to care for the children. It is a tough burden to meet.
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