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Raising a grandchild

If a grandparent is raising their grandchild, and the child's parent suddenly decides that they want their child back, does the grandparent have any recourse? If there is no drug use, and no abuse that can be proved can the grandparent still keep the child? The child is 100% better of with the grandparents and has lived with them for 4 out of his 5 years of life. The grandparents have him enrolled in preschool, take him on playdates, expose him to theater, sports, and music. The parents would keep him in a tiny one bedroom apartment and he would hardly ever get out.

 
Anonymous

Asked by Anonymous at 12:59 PM on Jan. 17, 2009 in Adoption

This question is closed.
Answers (7)
  • some states have grandparents rights. MI does not. but others do.
    mamaof2boys148

    Answer by mamaof2boys148 at 10:24 AM on Jan. 23, 2009

  • Grandparents have no rights under the law. They tried but it was struck down by the Supreme Court. The only way a grandparent would have rights to the child is if when they were caring for the child they got legal custody, either voluntarily signed by parents, or through the courts. Without a court order the only people with rights to the child are the parents. The other way is say your dd had a child and died and the father moved and didnt let you see the child. Then you would have rights to ask the court to intervene and give visits.
    gemgem

    Answer by gemgem at 1:02 PM on Jan. 17, 2009


  • see my previous answer to your other question.... you will get your kid back
    charding273

    Answer by charding273 at 1:08 PM on Jan. 17, 2009

  • there are very few to no grandparents rights, but if the grandparents have some sort of custody of the child this this all must go infront of a Judge.
    I have custody of my gs he has been with me since his birth 8 yrs ago.. during which time (in the begining) I obtained guardianship in hopes that my youngest dd would get her life in order and be able to raise him... after 2 yrs of no participation in his life and her having 2 more children we decided to try and adopt him...(in MI that is legal for a guardian to do) a custody battle insued and alot of feelings were hurt, but I was given full custody...
    You HAVE to have some sort of legal guardianship and or custody of the child... other wise the parents will have all rights to take the child back...
    My advice to you is to talk to a lawyer who specializes in cases like these... it is extremely hard on all parties and there could be life lasting hurts at the end...
    gmasboy

    Answer by gmasboy at 1:11 PM on Jan. 17, 2009

  • If there was no termination of the parents rights in a court, then you would need to prove that the parents were neglectful in some way - and it would have to rise to the levels of abuse/neglect.

    It is hard, when there are such different levels of parenting skills out there but if there is no abuse/ neglect you will have a tough road legally in fighting through the courts.
    PortAngeles1969

    Answer by PortAngeles1969 at 6:06 PM on Jan. 17, 2009

  • You never went to court to get guardianship or anything? If I were the GPs I would fight it and see where you get. My hubby got his son from his grandparents when he was three but, they were forcefully keeping the child from my husband because they knew we could get him and we did. If the GPs really feel they are better for the child then the child's parents then, fight it. But, make sure everything they say about the birth parent is true or they are going to sound bitter.
    matthewscandi

    Answer by matthewscandi at 9:35 AM on Jan. 18, 2009

  • The grandparent can also try and have the parents charged with abandonment, if the parents haven't been around in a long time.
    matthewscandi

    Answer by matthewscandi at 9:36 AM on Jan. 18, 2009

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