Can a grandparent gain custody of a child, even if they live in different states, and if both biological parents are still alive?
Question Details:
I live in a different state than my grandparents and both of my parents are still alive. Is it possible for my grandmother to gain custody of me? If so, how long do you think it can take to get away from my parents? I truly believe that I would have a much better life, living with my grandparents.. seeing as my parents have proven to me, that they are not capable of handling me, nevertheless understanding me. Also, does it matter much, if there is another child in the household who is fine and content?
Divorce, Marriage, Alimony Law Answers
If your parents aren't willing to consent to this, I think that you have a very small chance, if any, of making this happen. Your grandmother would have to file a custody petition in the court where you live now, not where she is, and to convince the court that the change of custody is in your best interests, you would have to provide convincing proof, and that usually means showing that your parents had been guilty of abuse or neglect.
Sometimes, after one parent dies, the grandparents on that side of the family can get a court to order visitation rights. But the law is very clear that parents ordinarily have by far the strongest right to custody, and it's a very high hurdle to overcome.
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