Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Ok, I have a 5 year old disabled son, who mom my and dad raise now, they have tempoaray guardianship, I couldnt raise him at the time, I have 2 other kids, and was getting divorced, so it was very hard on me anyhow, but most of the time I lived with them.. I am out on my own, I presently donrt work, but my fiance does, we have a home, and been together for a year now, my mother and I are in an argument and she now wants nothing to do with me, and saying I cant see or visit my son, and she is going to get grandparents rights to my other two who are 11 and 8 years old, I live in GEORGIA, and was wanting to get some advice on what should I do, is there anything I can do without having a lawyer???”The short answer to “is there anything I can do without having a lawyer?” is yes – lose your children.
Question: Generally speaking it should be incredibly hard, if not impossible, for a grandparent to take custody away from their child – the quaint idea of “grandparents’ rights” is mostly just that – a misguided belief by parents of grown children that they have rights to their children’s children. However some states are starting to recognize grandparents’ rights (although rarely in a bid for custody – usually it’s for visitation).
Answer:
But that said, any time your children are at stake, going into court without a lawyer is taking a very big risk, and in this case your situation is unusual because your parents have temporary guardianship over your five-year old. This, along with the fact that the court already has jurisdiction over your children through the custody action of your divorce, gives your parents a foot in the door. At very least, they may be able to have the temporary guardianship over your five-year old made permanent, and depending on what they are able to allege about the care and treatment of his siblings, they may be able to make a case for custody of the other two that you will not want to try to defend without a lawyer.
