Can I get custody of my grandson?

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Can I get custody of my grandson?

My daughter is 16 and has no job, no driver’s license or permit, and lives with her boyfriend at his aunt’s house; he does work (he is not the biological father but is on the birth certificate). She is failing school so she is still a freshman in high school. The boyfriend’s mother and boyfriend lives there and she steals all their money so they are always broke and don’t have money to buy diapers. His aunt did buy them this week. What can I do?

Asked on April 1, 2012 under Family Law, Oklahoma

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

There may be a chance.  Statutes and case law can support grandparent custody, if the facts are favorable.  You will first have to show that you have standing, which has several variables.  You should talk with an attorney in your area to see if you can meet the requirements.  If you feel the child is in danger or being neglected, you have a duty to call child protective services.  Good luck.

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

Answered 9 years ago | Contributor

You need to seek legal help hassa as soon as you can.  Oklahoma does indeed have a statute on the books as to Grandparent Rights.  Generally grandparents are seeking to get visitaition under these statutes but you want more.   You may have to prove that the parents are unfit to care for the baby and that it is in his best interests to be placed with you.  The best interests of the child is the standard that governs the court.  Good luck.


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