Can a grandparent sue for custody on behalf of their child of a grandchild?

Asked over 1 year ago - Tacoma, WA

parties threatening to sue dont live in the same state prior to threatening legal action have had no contact with the grandchild parties of the child were never married , child has been residing with mom since birth . father ows back child support , father never had personal interest in the child

Attorney answers (3)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . I am sorry that you are going through this. Grandparent rights vary and depend upon your states statutes but regardless, the grandparents have to have ties to the children and an awful lot of advantages to change custody and your questions seems to indicate they do not.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Kenan Lee Isitt

    Contributor Level 14


    Lawyers agree

    Answered . It is it very difficult for grandparents (or any other person) to take custody of a child away from a biological parent unless the biological parent is not a "suitable custodian", and it would depend on the circumstances. It would probably take a case of abuse or neglect by the parent with whom the child has been living.
    Why would the grandparents be threatening legal action?
    I would recommend consulting an attorney.

  3. Bruce Clement

    Contributor Level 19

    Answered . See my AVVO Legal Guides on child custody, interstate custody jurisdiction, and grandparent custody cases..

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you... more

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