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Legal Guardianship for Grandparents

Metairie, LA |

My daughter has been living with my parents for the past year and a half. Since she was born, they have financially provided for roughly 80% of her care. Recently, both my parents and I have been presented with the need to move out of state, to separate states. My daughter's father has agreed several times to give legal custody to my parents, only to change his mind. Her father and I were never married, and we have never filed for any arrangements through the court. He is unable to provide for my daughter to continue with the life she is accustomed to, and neither would he be able to provide adequate support for the state that I am moving to. Would my parents, with my support, have a case to gain legal custody, if worst came to worst?

Attorney Answers 2

  1. If something happened to you (death, incarceration of interdiction) they would have a right to visitation. You need to get a custody judgment between you and the father. Then you could do a custody by mandate from you to them.

    Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.

  2. If your parents are the only ones able to provide a stable home for the child and have done so for while one or both could be awarded custody. You and your parents should sit down with a family law specialist to discuss your options and strategy.

    This response does not creat an attorney client relationship. In all cases, I recommend you seek a paid consultation with an attorney with expertise in this area.

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