Legal Question in Family Law in Arkansas

Re: How do I get custody of my 5 month old Grandson?

First, be advised that I do not practice in your state and your state law might be different from mine.

Second, you will need an attorney on this one; it's not going to be easy.

Procedurally, you will petition the court. What you petition for is one of the big questions you will face. Guardianship? Custody? Temporary custody? Adoption?

In any event, you need to show that it is in the child's best interest for the court to award custody to you. Your hurdle is high because states presume that the child's natural parents are the best people to parent the child. You must overcome that presumption with evidence that it is detrimental to the child to remain with his natural parents. Evidence you will need includes doctors' reports, doctors' testimony, father's documented criminal history, both parents' history of inability to provide for this child, etc., to prove your allegations of abuse and neglect.

Also, you will need to determine which form of "custody" you are seeking -- temporary guardianship with the natural parents retaining their parental rights means you might have a right to some form of child support from them (good luck collecting) and they could reclaim the child at some point; having their rights terminated which means they could not reclaim the child at any point and their duty to support him would terminate; they could voluntarily relinquish their parental rights so that you could adopt the baby; you could report their abuse and neglect to child protective services and begin a long investigative process and eventually have the state terminate the parents' rights, which might never happen if the parents 'rehabilitate' themselves but in that case they will have learned to become "good enough" parents for the child anyway, but which is what you want for the child anyway.

See what I mean about not being easy? Also difficult is keeping your focus on this baby's best interest while you're falling in love with him and wanting to keep him for your own sakes.

You probably should meet with several attorneys who specialize in family law matters (be prepared to pay for their time even if you don't retain them). Lay out the facts and ask what your options are.