My situation is my son and his girlfriend are always being told by her grandmother that she has custody of their daughter and they don't also she keeps telling them that she can't move out
Nnless the grandmother has a court order of custody, she does not have custody.
If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
Unless there has been a legal action in which the maternal grandmother was officially awarded custody, then no. She does not have custody of the child.
Was the grandmother award custody by family court?
The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement
In general terms, unless the child's grandmother (or any other third party) has a written court order of custody, she does not have custody of the child. Legal custody refers to decision making authority over a child (such as decisions about education, medical care, religion, where the child lives and with whom the child associates). Physical custody refers to with the person with whom the child primarily resides. in general, parents (by birth or adoption) have a superior right to custody of their children as to all other people, including grandparents. There may be a court order in a custody case, or a neglect case, giving custody of the child to the grandparent.
The answer to this question is provided for informational purposes only, and is not intended to give legal advice. It should not substitute for the independent advice of counsel. Readers are urged to consult an attorney for legal advice.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline