Is it possible for my child's grandparents to obtain custody of my child?

Question Details:

I went to school and I asked my son's grandparents to take care of him until I finished school. I came back about five months ago. I got a job so that I would be able to take care of him. However, they are always telling me that it's best that he stay with them because the school is closer to them and mentally it would be to hard for him to adjust. I just want to know my rights before I go to take my child back home permanently.

Asked 10/5/2009 under Divorce, Marriage, Alimony | 343 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Leah H. Mayersohn, Esq. / Mayersohn Law Group, PA Answered 2 years ago | Contributor with 0 answers

To properly answer this question it is important to know if any legal proceedings occurred, any paperwork was signed, or if you just dropped off your child with his grandparents.

If you just allowed the grandparents of your son to take care of him and there were no legal proceedings or paperwork signed regarding this, then you may pick up your son.

However, even if you are legally able to do this without any ramifications, you should be aware that changing a child's environment can be traumatic for the child. So, it is best to work delicately to accomplish this or you may see your child acting out.

I would recommend that you speak with a child psychologist regarding the length of time your child has been with his grandparents and in his school and the best method to extricate him from that situation without having negative ramifications for him. For example, waiting until after the end of the school year would be less disruptive to your son. Additionally, if the grandparents have been caring for him full time and you have had limited contact with your son, you should phase in contact and not isolate him from the stable, loving environment he was in. Figure out ways to include the grandparents in his life and you will likely have a much smoother transition.

Good luck with your situation.

Sincerely

Leah Mayersohn

954-765-1900