If a family member’s child found illegal drugs, took them and is now recovering in protective custody, will the grandparents gain custody of the child?

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If a family member’s child found illegal drugs, took them and is now recovering in protective custody, will the grandparents gain custody of the child?

What is the chance they will gain that right since they are now partitioning?

Asked on December 30, 2012 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am a bit confused about what happened here but will try and help.  What I think happened is that a child was taken from the parents because there were drugs found in the home, correct?  Did the child use the drugs?  That is unfortunate.  But if the situation in which the child was in in the parent's home - or whom ever he or she was living with when he or she found the drugs - is found to be not a good place for the child then the grandparents could petition to have custody.  These decisions are made "in the best interest of the child."  


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