Legal Question in Family Law in Massachusetts
custody of my grandson
My daughter is currently living with a boyfriend and his parents and they share a child. The boyfriend cannot hold a job and does not do anything to support her. They live on his SSI supplement. His parents are always threatening her that if they break up he can take that child away from her. I beleive that this relationship is starting to get abusive, because they argue all the time. I support my grandson more than the boyfriend and his family. She has come to me and asked me that if something were to happen to her, she wants me to take custody of the baby. I would never keep this child away from his father but i dont think that he would be able to care for him. Is their a form that we can fill out that can give me and his father joint custody of the baby with me getting main custody?
2 Answers from Attorneys
Custody of my grandson
You and the father of the child can agree on any reasonable terms. There is no form. There are however some options depending on the direction that you and the others want to take.
If you contact me, then I can discuss these with you.
Re: custody of my grandson
There is no such thing as an automatic form giving you custody.
In order for you to attempt to retain "legal guardianship", you will have to prove number 1, that it is in the best interest of the child, no. 2, if the father disagrees, you will have to prove that he is an unfit parent.
Also, legal and joint custody are for parents, not grandparents. If you are looking to retain legal guardianship and thereafter adopt, this is a lengthy and complicated process. Especially, if the father is fighting you. The state always tries to keep the children with their parents.
However, if your daugther and the father of the child agree to give you legal guardianship that is a different story.
If this is the route you have decided to take, this is a complicated situation and you need to seriously consider consulting with an attorney in this field. Good luck!
Sincerely, Maria Murber
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
