If a parent is giving up their baby do the grandparents have the right to keep the child even if the parent doesn’t want them to?

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If a parent is giving up their baby do the grandparents have the right to keep the child even if the parent doesn’t want them to?

My niece is giving up her child but my sister really wants the baby not to go to strangers. She wants to keep the baby with family. As the grandparent does she have the right to keep the child even if her daughter does not want her to?

Asked on April 16, 2012 under Family Law, Louisiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She doesn't have grandparent rights unless your state has this type of law on the books. However, have your sister immediately hire an attorney to seek custody. This will not be an easy process but your sister will need to show it is better for the child to stay with family, that the grandparents can financially support this child, can care for this child until the age of majority and live in a safe and healthy environment. An attorney who handles generational adoptions like this is what you need. You should go through the state bar and family law sections of the bar to find one who has a clean disciplinary record with the bar and is extremely experienced with this form of adoption.


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