Grandson

My son has custody of his son which i helped him to get 7 years ago...now he might be going to jail for awhile ..he is not married and my grandson biological mother is saying she is going to try and get him back..she has not seen him in 7 years not called ,sent a birthday card or nothing .he is with me and my husband most of the time as it is and i would like to know what we can do to get guardianship if he has to go to jail to keep her from coming into the picture...she has lost 2 other children and has 3 with her at this time all by differant men...and she is only about 26..thank you

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Submitted 128 days ago...

tomturkey

Brain (2,862)

Well there are a few issues here. One it depends on the state that you live in to determine if your state allows for grandparents rights. Your son can sign giving you premission to file your guardianship of the childchild. But the mother does have to be served. If she goes to court she will have a right to ask for custody of her child back. However if you can prove to the court that the best interest of the child is staying with you then the judge will take the reasons why you feel this way in consideration. You may have a better chance then most granparents because she has already lost two children. Believe me the court will look at what is in the best interest of the child.

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