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Can I get custody of my grandchild from my 16 year old daughter?

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ropooh73008

Guest
What is the name of your state?What is the name of your state?

Oklahoma

My daughter just turned 16 and has a 3 1/2 month daughter. They live with me. But she is not very responsible. I am afraid she will run away and take the baby with her. She ran away before and went to juvy for 10 days and we found out she was pregnant when she got home. She wanted to keep the baby and I was happy for that. But she goes for (walks) and stays gone for hours. I have tried everything to get her to obey my rules. We have had that problem for a few years, and it hasn't gotten any better. She does take care of the baby most of the time. But it's just us 3 and I don't want to take the chance that she will leave and I won't know if she is taking care of the baby. What can I do to legally take care of them both? Please help!! I can't afford a lawyer but if she agrees can we make a legal document and have it notorized to make it legal?
 
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I AM ALWAYS LIABLE

Senior Member
ropooh73008 said:
What is the name of your state?What is the name of your state?

Oklahoma

My daughter just turned 16 and has a 3 1/2 month daughter. They live with me. But she is not very responsible. I am afraid she will run away and take the baby with her. She ran away before and went to juvy for 10 days and we found out she was pregnant when she got home. She wanted to keep the baby and I was happy for that. But she goes for (walks) and stays gone for hours. I have tried everything to get her to obey my rules. We have had that problem for a few years, and it hasn't gotten any better. She does take care of the baby most of the time. But it's just us 3 and I don't want to take the chance that she will leave and I won't know if she is taking care of the baby. What can I do to legally take care of them both? Please help!!


My response:

File your Petition for Custody and/or Legal Guardianship in your local Family Law court - - if you can afford your own attorney.

How wonderful though . . . We have another Welfare baby sapping up our tax dollars! Yippee!

I always wanted to pay for your grandchild. What are you doing to go after the father - - who's probably an adult, and who raped your daughter?

IAAL
 
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ropooh73008

Guest
The boy was 15 also and she says she used protection. At least she is smart enough to use it. It's not her fault it didn't work.
 
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smcgarry

Member
Unnecessary!

I think the reply from I Am Always...was totally rude and unnecessary! This woman is obviously truly concerned for her Grandchild and probably her daughter as well, and comments like that are NOT supportive or helpful!
ropoo, I don't know how it is where you live, but here, in TX. if you can show a good enough reason to take the child, IE: neglect or abuse by bio parent, you can get a temporary restraining order against the parent and then go to court for a more permanent solution.
I am a Grandmother as well, and understand your situation. The only problem in your case is that your daughter is so young, and you can't kick her out of your home...legally to make her grow up and accept responsibility and come back later for her child...not that that would ever happen, but we can dream! =)
May I suggest you contact your local court library to do it yourself, or contact an attny. for a free consultation. (Alot of them offer the 1st consultation free!) Be careful, though, this is not something you need to pay an attny tons of money for! If your daughter and the bio father will sign away parental rights voluntarily, you can file to adopt. Also, you could go through child protective svces, but I don't recommend it...to much red tape and the innocent child usually ends up caught up in the system and might even be removed from your home for a "few" days to be evaluated.
Good luck to you, whatever you decide and if you will leave me an email address or a way to contact you, I will be more than happy to give you more info. that I have on this topic.
God bless you for caring!
 
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Rainaraines

Guest
Amen, smcgarry! :D

My cousin was 14 when she had her first born, and our grandmother filed for custody and won. Now, my cousin is 25, has her son and a new daughter, along with a husband this time. She was too young, and the courts agreed. If it hadn't happened this way, there is no telling what would have happened to the both of them. Good luck to you.

PS-Just because a 16 year-old had a baby doesn't mean she is sucking up your tax dollars on welfare. She may not need to be on it. If she is, then I'm sure she has a good reason, because the poster sounds smart enough not to let his/her daughter be on welfare for unnecessary reasons...
 

smcgarry

Member
Very well put!!!
It makes me so proud to be a Grandma raising her BEAUTIFUL Grandchild today, and I PRAISE ANYONE who takes on this challenge...State support or NOT!!!
Children are the future and are, at this point in their lives INNOCENT! Someone has to protect them and love and nurture them, and if the deadbeat biological parents won't, then it is left up to Grandparents or Foster care. THANK GOD FOR GRANDPARENTS!!! =)
 
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krispenstpeter

Guest
O.K. you three stooges. Did anyone even read the original poster?

She is a grandmother raising a child who has a child. She asked a specific question and you three, larry, curley and Mophead simply gave no legal advice.

so either stop or leave. The choice will not be yours soon.

As to the original poster, the specific answer to your question is NO, you cannot execute a document and have it notorized to take possession of the child.

First, there is a father and if your daughter cannot care for the child the father is next in line for custody. Second, you cannot 'sign over' rights to a child like an automobile. The ONLY entity that can grant custody is a court.

In your situation, without the father AND mother signing away parental rights, you are a legal stranger to this child and would have to petition the court for custody or to adopt.

Seriously, in your situation, that's unlikely.
 

smcgarry

Member
That wasn't very nice!!! I thought this was a Grandparents forum to express your opinions and ask questions. We are simply doing that. There has been nothing derogatory posted by any of us "three stooges" and no fowl language used.
Thank you for expressing your concern, though and have a great day!
 

azgrandpa

Member
Must have hit a nerve!

Quote by IAAL: "How wonderful though . . . We have another Welfare baby sapping up our tax dollars! Yippee!"

And just how does this qualify as legal advice?

If you folks are going to play the game; how about playing fair? Where in the rules of this forum does it say sarcasm can only be spewed by a select few?

For your info this forum is called FreeAdvice, not Free Legal Advice. I know it's not a free legal advice forum because IAAL would have a heart attack if he had to do anything for free!!

Got to go. Got to spend a few of IAAL's tax pennies to send my grandkids off to school! Do what you will; there are plenty of other legal sites to visit!
 
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krispenstpeter

Guest
File your Petition for Custody and/or Legal Guardianship in your local Family Law court - - if you can afford your own attorney.
see you later
 
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krispenstpeter

Guest
I am neither young nor a lady.

And I will call a spade a spade. So, which one of the three stooges has given any legal advice or answered any of the ORIGINAL POSTER'S questions?

come one now, even you can answer that easy question.
 

azgrandpa

Member
Kris, (may I call you Kris?)

There you go with that "legal advice" term again! You should know we can't give "legal advice" if we aren't licensed attorneys! Therefore anything we say is just plain "advice". And where in the rules does it say we aren't allowed to give our advice??

The present discussion was initiated by IAAL's sarcasm and perpetuated by you! So, who ARE really the stooges here?

IAAL ruins this entire forum with his sarcasm. Sure a few come just to watch a verbal bout between him and the other posters, then when one of those people gets under "you guys'" skin you flex your muscles to throw them off the site!

Guess it satisfies your need for power! Well, it sure seems like the users of this site are tired of it and leaving for friendlier grounds! Bet this site's advertisers hate that, huh!?
 
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Rainaraines

Guest
Well, actually, in my post I may not have given legal advice, but I did say that my grandmother got custody of my cousin's son, and that should be enough to let the poster know that it can happen. So, I was helpful in that way. I may not have legal advice to give on this particular situation, but sometimes encouragement and related stories can help a person see that they are not hopeless, that there could be a way, and that they should never give up on something they feel so strongly about.

Plus, this is a quote from smcgarry:
"ropoo, I don't know how it is where you live, but here, in TX. if you can show a good enough reason to take the child, IE: neglect or abuse by bio parent, you can get a temporary restraining order against the parent and then go to court for a more permanent solution."
There you go. Legal advice. She needs to check her state to see if something like that is available.

Larry, Curly, you guys rock!
 
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