[lilly699]

My grandson Kyle is eleven years old, his mother( my daughter) is on drugs, and has recently been given custody back by kyle's dad, who resides in Pa. My daughter is in FL. and I am in Va. Kyle has missed the 1st whole week of school, and will miss this week also, because my daughter kicked her boyfriend out, and has no money now, no transportation, to get Kyle to school, she leaves in the middle of the night to visit friends, and leaves Kyle home alone sleeping... I am his grandmother, my husband and I want custody of him. His dad won't even return my calls, regarding this issue, he doesn't want to be involved. He has had Kyle for the past 3 yrs. How can I and my husband get custody of Kyle without hiring a Lawyer? We can't afford one...

Thanks,
Kim M.

[GV70]

Firstly-it will depend on which state has jurisdiction over that case.How"recently" the father gave back the custody? Was it done by court order?
You must prove in a custody proceeding that BOTH your daughter and the father are unfit custodians.
Notwithstanding you are the grandmother,you are legally "third party".Third parties and parents do not "start out even" because it is presumed that a child's parents have the right to custody, which can only be taken away for convincing reasons.

When deciding if a parent is fit, the court considers whether the parent can provide the required support and guidance for the child without state intervention. The court should consider the fact that the non-parent has superior ability or skills. In addition, the natural parent's poverty and other socioeconomic factors are irrelevant and will not be considered by the court, that is unless those factors are sufficient to establish neglect or unfitness.

Grandparents are often the third parties petitioning for custody based upon the child's best interests. A grandparent usually will have no legal right to custody of a child where the parent is fit. The court cannot make an award to the grandparents just because they would be better custodians for the child.

[GV70]

How can I and my husband get custody of Kyle without hiring a Lawyer?? We can't afford one ...

You have to go to the court which is located in the "Home state"/Pa or Fl/
The burden of proof is heavier for you but not insurmountable.
Grandparents have rights to custody in Pa, even primary custody, if there is a danger of neglect or abuse due to drug or alcohol use by the parents and the grandparents have had a continuing involvement with the child. Again, there is no presumption in favor of the parents, but there is an increased burden on the grandparent seeking custody.

The definition of an unfit parent is governed by state laws, which vary by state. The court will often award sole custody to the other parent when one parent is deemed unfit, or if both parents are deemed unfit, the child may be placed in foster care.

Finally-the easiest way is to prove your daughter as drug-addicted and that she repeatedly neglected the child,and the father has no interest in the child's upbringing.

[Noanswers]

I will tell you the fastest way although you do need to check with your local court house and it is different in different states. You should be able to go to your court house and go to the juvenile court clerk and file a petition for emergency custody "as i said check what the laws are" you may have to actually have the child/children in your possession, although my mother didn't... she has done this to me twice, I live in KY and she lives in TN, it states she has to have the children in her possession yet somehow she still managed to get them, requardless, I'm not unfit by no means and have gotten my children back each time she does this (im a single military mom of three) I mostly feel for my children with all of this because they get ripped from one home to another an back and so fourth, if you are sincere in your reason that will be the fastest, legal way. I wish my mother would not do what she does the system is their for reasons like this not to be abused! Good luck

[Noanswers]

OH not to mention my children's father and I have a very good relationship, and has went to court every time with me in OUR defense of the allagations from my mother and yet she still wins... and it takes me forever and I lot of money but my kids come home maybe I should look into a restraining order this time...

[GV70]

I will tell you the fastest way although you do need to check with your local court house and it is different in different states. You should be able to go to your court house and go to the juvenile court clerk and file a petition for emergency custody "as i said check what the laws are" you may have to actually have the child/children in your possesion, although my mother didnt....she has done this to me twice, i live in KY and she lives in TN, it states she has to have the children in her possesion yet somehow she still managed to get them, requardless, im not unfit by no means and have gotten my children back each time she does this (im a single military mom of three) i mostly feel for my children with all of this because they get ripped from one home to another an back and so fourth, if you are sincere in your reason that will be the fastest, legal way. I wish my mother would not do what she does the system is their for reasons like this not to be abused! Good luck

Your post does not make sense.
You said you live in Ky and Tn court ordered the custody to be transferred to the grandmother. NO WAY ! It is clear abuse of discretion.

[GV70]

The Uniform Child Custody Jurisdiction And Enforcement Act is accepted in all states except Massachusetts. The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody litigation in the courts of the child's "home state," which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth for children younger than six months)

[GV70]

I read your other posts and I found this one

....i gave my parents cusody because it was in the best interest for my children...my x is now in prison serving 25 years f

[ScottGem]

GV has given you a lot of good advice here. My question is whether you have shopped around for an attorney. What you want to do will be very hard without legal counsel and you may find someone who will be affordable. Another alternative is to check with a nearby law school. Many run clinics that can help you prepare your case.

Another suggestion here is the issue of school. You can report it to the local dept of education that he has not been registered. That will probably get social services involved who can determine fitness.