Legal Question in Family Law in Missouri

Custody of grandchild

My son-in-law is in a treatment facility for drug and alcohol problems. My daughter had treatment for drug addiction 5 years ago and now is struggling with relapse to include a recent evening of smoking pot.

They have a 2 1/2 year old son of whom I worry about. I would like to have custody of him until my daughter and her husband are living a ''clean and serene'' life. What can I do to assure the safety of my grandson?


Asked on 9/21/07, 4:37 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Custody of grandchild

There is a statute in Missouri which authorizes a judge to grant custody to a third-party (you in this case) under certain circumstances. About one year ago, I succeeded in accomplishing a change of custody to the paternal grandmother in a case I had in St. Louis County. Much would depend upon the positions taken by the parents in your case, and there is no guarantee that you would succeed if you decided to file a Motion to obtain legal custody. Of course, you could always get the Division of Family Services involved, and ask for placement of the child, but I always advise my clients to keep the Division out of their lifes if there is any possible way to do so. If you decide to take legal action it will require some time, effort and expense, but it may also be the best possible way to protect the child. If you are in the Eastern part of the state I may be able to help you myself. If not, I may be able to refer you to someone who can. Please feel free to give me a call.

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Answered on 9/21/07, 8:25 pm


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