questions & answers

Question: I am a grandmother of four children and their mother continues to take them to GA every year and bring them back every year. This year she is taking them for good, but they dont want to be there. I am looking for a way to get them back to MS, but i dont have money for a lawyer. She had the law on her side so I am asking if there is a way to get my grandchildren back home with me?

Answer: The courts heavily favors the rights of the child's birth parents in terms of custody and "the best interest of the child". (ARS 25-403). In select cases, a third party (such as a grandparent) could file for in loco parentis, which states that if neither parent is capable of raising the child, a third party with a meaningful relationship with the child can gain custody. However, this is only relevant if the birth parents are not competent or capable to raise the children properly (ARS 25-409).