Can my Daughter give me custody of my Granddaughter if the Father is in prison?

Asked over 4 years ago - Montgomery, AL

My Daughter is going through a rough time and she wants to give me custody of my Granddaughter. She is in a rehab facility. The baby's Dad is in prison until September of this year. They are not married. She's has already lost custody of my Grandson, not by the same man, and I think she is trying to do the best thing for my Granddaughter. I know it would be the best thing. I am only 46 and I know I can provide a stable home for her with lots of love and attention. I know that her Dad will not willingly give me custody. DHR is involved in my Daughters case because she abused drugs & alcohol while she was pregnant. My question is, can my Daughter give me custody since he is in prison? I want to protect my Granddaughter in any way I can.

Attorney answers (2)

  1. Jacquelyn Diane Tomlinson

    Contributor Level 9

    Answered . Your daughter has the ability to give her opinion and requests as to the custody of the child but the Court will make the ultimate decision. If this is the initial custody determination of this child then the "best interest of the child" standard will be applied. Simply meaning that the Court will determine through witnesses and expert, if applicable, who the child should be place with. The best interest of the child standard insures that the child’s "best interests" are taken care of. The Court will inquire into the child’s health, safety, and general moral and social well-being. It is very important that you hire an attorney who is familiar with family law and the area of child custody.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . The court, not your daughter, will decide custody matters based on the best interests of the child. A court hearing will be required. I suggest you hire a lawyer to make the best argument possible.

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