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Parenting laws?
Are Grandparents able to go for custody of a child if one or both of the parents are able to care for their child?
My friend's partners mother wants to go for custody of the child she is currently carrying because both her and her partner have some degree of mental condition.
My friend was on mood stableizers (she can't take them anymore due to what they contain) and her partner suffers from schizophrenia.
My friend has told him that if he wants to be part of the baby's life he has to take his meds.
So does his mother have any legal rights to go for custody.
Thank you. I don't know all the info but my friend already baby sits her nephew and lives with her mother. Who I'm pretty sure would support her.
4 Answers
- 1 decade agoFavorite Answer
If it is his biological child, yes. But they have really got to have their ducks in a row in proving the parents unfit to care for the child..It sounds like a good chance for the grands. but if the parents protest they better have good sound proof. Also look at the state laws some are more supportive of a stable environment for the children's stability.
- Kelsey HLv 61 decade ago
If they're "able to care for their child," then no, she doesn't have any legal rights. However, it sounds like they are NOT fit to parent, at least while they're off medication. Your friend should consult a lawyer. Courts favor parents first, so they may issue a court order to get them on their meds. If that doesn't go through, then the court will look to the closest relative (grandma).
- CarbonDatedLv 71 decade ago
Unless the friend has been hospitalized recently for her mental disorder or has other indications of inability to care for herself, she is considered a fit parent unless proven otherwise. Lots of mothers have some degree of mental condition (bipolar and depression immediately come to mind). Apparently your friend is aware of what her partner is like when he doesn't take his meds. I completely understand how debilitating the side effects are of some of those meds, but he is sort of stuck until they find things that are safer that work.
- Anonymous1 decade ago
The only way anyone other than the bio-parents can get custody of a child is if it is proven in a court of law that the bio-parents are unfit.
