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

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

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Attorney answers 3

Posted

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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Posted

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.

Posted

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

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