Can a grandparent seek child custody against mother who is drinking, taking drugs and having sex in presence of child

The grandparents' rights laws have all been ruled unconstitutional in Florida. Your best course of action is to report any child abuse or neglect that you suspect to 1-800-96-ABUSE and let the Department of Children & Families investigate. If DCF removes the children from the home, as a grandparent you would be entitled to priority in placement for the kids.

And, by the way, even though your son is incarcerated, he still has parental rights. Due to his situation he cannot assume physical custody but he still has a right to participate in decision-making about the children (unless the mom has sole parental responsibility by court order).

Whoa! Be careful.

You are connecting a CAPTA technique with a custodial claim and the mixture could be dangerous.

Watch what you say and do. Child Support is the tail that wags the dog. Because states enjoy the federal child support enforcement money, they only recognize one parent as the "custodial" and the second as the "non-custodial". Traditionally, grandparents support their own grandchildren so the state loses its child support money. So, the prevailing law is that grandparents don't count unless parental unfitness or death is established.

The CAPTA technique you invoke seeks to make a finding of the parent's unfitness hopefully propelling the grandchild to you. This approach is dangerous and risky.

Your allegations could spark a child protective case that could run for years. There is no guaranty that you will be chosen as the child's foster care provider. Money flows from the government to providers so there are many connected foster parents standing by to collect their booty.

I would consult with a local attorney as to your situation and follow his/her guidance and advice.

In addition to the prior answers, it is my experience that courts will attempt to meet the best interests of the child and consider a relative for placement before non-related individuals if that relative is requesting custody, has the ability to support the child, has a strong and pre-existing relationship with the child, etc. Your credibility, your personal history, your current situation will be evaluated as well as your rapport with the minor child. Keep in mind you may suffer some censure as it is your son who is in a dire circumstance. Certainly do not give up.

While I respect email2020's right to respond, I don't agree with the assessment that you should not call in an abuse report lest the child be molested in foster care. First, there is a statutory duty to call in known or suspected abuse. Second, the child would not go into foster care if there is a suitable relative placement available. Foster care is a last resort. Third, institutional abuse/molestation is the exception, not the rule. Most foster parents provide very loving homes, and to take the tact that all children get molested in foster care is to leave them otherwise in dangerous positions in the home or with potentially unsuitable (and equally dangerous) relatives. Finally, "taking this into your own hands" could result in criminal action if you simply remove a child from the mother as an act of interference in a custodial relationship. If you want to keep DCF out of it, your only option is to immediately seek counsel and file a petition for temporary custody--but be ready to prove the need for removal from a parent's care.

You can seek visitation if the parents are divorced or you have sufficient evidence of unfitness of the mother. Otherwise, she does have the right to keep your grandson away from you.

To get custody, you would have to prove she is unfit.

If you believe the child is at risk, you should make a report to Department of Children and Families

What you need is a good attorney who handles child custody cases.

But, as a "grandparent" you have NO RIGHTS to any time with your grandchildren. The Washington state and US Supreme Courts have both ruled that grandparents have NO RIGHTS to have time with the grandchildren.

What one can do, however, in Washington where I practice (and I imagine that other states have a comparable law), is to file what is known as a 3rd party custody petition. You only need to prove that you know and have "history" with the child, and that the parent with the child is "unfit". That word is defined to match what the childrens' parents are - drinking/drugs/law violations, etc. You should find out if the state where you live has a 3rd party custody law, and get that case filed.

Good luck!

You can file for relative placement or whatever it is called in your state. Any relative can do this. You will be required to have a criminal background check done on you and anyone living in your home. You nor anyone in your home cannot have any felonies. Past DCF involvement is also a factor if you have had founded or unfounded referrals whether it be you or your children. Founded referals disqualify you but can be fought. A home study must be done in and around your home to check for safety, living conditions, etc. Contact Grandparents for Children's Rights, link below. They can help you. Best of luck to you.