Do my husband and I have a chance at getting temporary custody of our grandchild?

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Do my husband and I have a chance at getting temporary custody of our grandchild?

My son, his girlfriend, and son live with us. We are basically taking care of the 3 of them. Neither one of them have a job. We have been supporting our grandson 100% since birth and now he is 1 year old. He does not have any health insurance and our son is in school. Do we have a chance of getting custody until they can get on their feet?

Asked on October 2, 2011 under Family Law, New Jersey

Answers:

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

Answered 11 years ago | Contributor

I have been mulling over this question for awhile trying to think of a basis for your being able to obtain custody of your grand son.  And really, I can not think of one other than you feel that since you are supporting them you should have a right to make decisions concerning his life, correct?  That is not good enough under the law.  The child is not in danger.  The child has a house and clothes and food.  He is obviously surrounded by people who love him and who love his parents to take them in and be as supportive as they are in these difficult times.  Maybe the way you parent and your son parents is not the way you would like.  That happens.   And it is so much more apparent when you are all living together.  So unless there is abuse or neglect or not in the bet interests of the child, I do not think that your chances are so good.


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