Can we get custody of my grandchildren if they reported to me that my daughter physically abused them?

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Can we get custody of my grandchildren if they reported to me that my daughter physically abused them?

We made police report for 3 times already but then we don’t have any update yet.

Asked on December 3, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In addition to calling the police, you also need to report the abuse to your state's agency for handling abuse to investigate.  They are more likely to conduct a homestudy to get a better idea of what is happening to the children.  Here is a link that includes how to file a report:  http://www.dss.cahwnet.gov/cdssweb/PG20.htm

When you file your report, you may want to offer that you are available for placement if they deem it necessary to remove the children.

A second option is to file a custody suit.  You may want to combine it with an alternative request for grandparent access. If you go this route, look for a family law attorney that has experience with grandparent access. Filing your own suit can be expensive, so you may want to consider waiting on social services to finish their investigation.  If they determine that her parenting skills are lacking, they may remove the children and place them with you with half the headache and heartache of a custody suit. 


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