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Can grandparents get custody in kansas if you don't want them to?

Topeka, KS |

I'm planning on moving to New York in a few years but now since my son's father's parents want my son every weekend I don't think I can is there any way that I could still go without a custody agreement?

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Attorney answers 2


It depends on the status of your son's father. Is he dead? Are his rights terminated? The grandparents are not entitled to an order of visitation with the child unless the father is somehow unable to exercise permanently. As to custody, they would have to show that you and the father are unfit to gain custody of the child.

This attorney is licensed in the State of Texas only and this information does not constitute legal advice. If you are seeking legal advice, please consult with an attorney at your earliest convenience.


You haven't given enough information so that anyone can answer your question. Is your son's father deceased? Are the two of you divorced? Were you and your son's father married? Was any family law court case ever filed or was a parentage, divorce, or child-custody decree entered between you and your son's father?

Grandparents can certainly "get custody" of a grandchild in some situations. But merely because they are seeing your son every or every other weekend doesn't give a basis for third-party custody.

You should contact a local attorney who focuses his or her practice in family law and talk with that attorney about your specific situation. Only by going over that information in detail can any attorney properly give you the advice you need on your questions.

This response does not constitute legal advice and does not create an attorney-client relationship. I am licensed to practice only in Kansas. Seek legal advice from an attorney in your state or the state in which your legal claim exists.

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