Monday, July 14, 2014

Can I file for custody of my grandson together with my daughter who is developmentally delayed?

Q: The "father" just filed paternity and also has his challenges. I have been caring for him with my daughter since he was born, he is a year old and also has medical issues. Both my daughter and grandson have always lived with me.

A: If your daughter (presumably the mother of the child) lives with you, why wouldn't the mother file for custody? She would more be the proper party to file, though you can always file together to receive joint custody if you wish. As a grandparent, you'd need to prove the father persistently abused or neglected the child, or legally abandoned the child, before having a right to custody.  -- David Bliven, Westchester Family Law attorney (

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