Q: What should I do to get my grandson back quickly, who is in foster care?
My grandson, my son's legitimate son, has been in Foster care for 14 months. After searching for him for more than a year and a half, we have been aware of this situation for 1 month now. Neither my son nor we knew anything since my daughter-in-law blocked us and kept moving. Now when I contact the person in charge of the case, she asks for a paternity test before giving me any other information. (My grandson was born within the bond of marriage, which continues to this day). I have been able to visit my grandson but the person in charge of handling the case does not give me information on how my grandson's case is being handled or if there is any court date related to this case. At this moment none of his parents can take care of him. What should I do to get my grandson back as soon as possible? Can I as a grandmother ask for custody or would it be another request that I should make?
A: If your son has not established paternity, then the Court has not established you as the child's grandmother. If your son is unable to legitimize the child and petition the Court for custody, as the grandparent, if you want to seek custody yourself, you should hire an attorney. It will be a difficult process for you to attempt to obtain even temporary custody, and my best advice is that you hire an attorney who can represent you, they can petition the court for a paternity test, and once paternity is established, you can request visitation and subsequently temporary custody.
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