How do I obtain temporary custody of my grandchild in Alabama?

There is an ongoing issue with my daughter who is 17 years old and the mother of a 1 year old. The toddler lives with me and I provide for her physically, financially and emotionally. Her mother plays a very small role in her life. She is an unruly child and has no respect for me or my home. She is also running with a crowd who is much older and of questionable moral terpitude. While at this point she has no desire to be the caretaker, I am afraid when she becomes a legal adult she will attempt to remove the child from my home in order to secure government housing and benefits. Do I have any rights at this time regarding the baby? Do I have to enlist the help of a lawyer? If so, what type of lawyer? Please, in your answer, be mindful that I am the sole custodian of my daughter. Does that change anything? Bless you for taking the time to read this. :)

1 Answer

  • 9 years ago
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    You really must consult with a lawyer in the State of Alabama who handles child custody matters. In most States, Grandparents' rights to children are secondary to those of parents but I do not know what the law is on that issue in the State of Alabama. It is a possibility that you could get custody of the baby awarded to you by a court now, before the 17 year old reaches 18, and that would make it a bit more difficult for her to try to take the baby from you.because at that point, she would be required to prove that you are not capable of taking care of the baby. That, I presume, would be very difficult.

    After all, you have been caring for your granddaughter and you play a highly significant role in the baby's life. What's in the best interests of the child is the rule that the judges use to decide these cases, and to me it sounds that the equities weigh in favor of you keeping the baby.

    This is a legal situation, and if your daughter wants to be ruthless hen she becomes an adult, she can, and most likely will, give you a lot of heart-ache and stress if you do not "head her off at the pass" now. You should be pro-active, committed, and iron-fisted about this.

    Hire a lawyer and sue your daughter to get custody of your granddaughter. Your daughter will get visitation but you should insist that the visitation be supervised.

    I do not believe your daughter could take care of the baby anywhere near the quality that you provide, but you are going to have to fight your daughter. You should "bite the bullet" and drag out everything negative about her in court. Make the judge see what kind of person she is and you could very well win.

    Source(s): 32 yrs as a lawyer
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