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Petition to file child custody by a grandparent

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tess88


Arresto Menor
Hello,
my daughter is 23 yrs old now, got pregnant at age 17. her son is 5yrs old already. she is a single mom, father of my grandson refused to acknowledge him from the very start (since she became pregnant), needless to say that the child's surname is the same with her mother, with no middle name.
i am the grandmother, i have shouldered all expenses since birth. my daughter did not anymore continue with her studies, she neglects her son. they both live in my house with her siblings.
my daughter has been habitual headache, she does not take care of her son, she is unemployed, she leaves the house and go missing for days without any information at all.
i have taken responsibility of my grandson, schooling, medication, and all other basic needs 100%.
her only contribution is to look after him every single day but still fails to do it.
she spends most of her time talking to friends on social media, play online games. in short, totally irresponsible.
no amount of advise, reprimanding, scolding etc, made her realize all her mistakes.
i want to file a petition for full custody of my grandson.
please advise. thank you.

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attyLLL


moderator
Unless you could demonstrate that the mother is harming the child through gross neglect, it would be very difficult. have you talked to your daughter about it?


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tess88


Arresto Menor
yes definitely over how many years already. she spends the tuition fee of her child, she can go for days/ weeks missing without a word. she does not spend any single peso for her child's needs, she is out of school, no work, cannot even accompany her child to school, prefers to sleep late and wake up late. the housemaid brings her child to school while she just sleeps, etc. it has been going on since she had her son 5 years ago.
i have given her countless chances, being her mother i have been very very supportive but all things end. i have exhausted all means.
it is habitual neglect of her child. this is emotional trauma to my grandson.
i am her mother, i would not like to reach up to this point. it is a difficult decision to make but my foremost interest now is the welfare of my grandson.
please elaborate "harming her child through gross neglect".

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attyLLL


moderator
it is very difficult to take custody away from the mother so I don't recommend legal action. Even if you were successful, what are truly would be the changes if all of you live in the same place.

It seems like you are the de facto parent anyway. Just try to keep taking over to make sure the child's needs are fulfilled. With what you say about your daughter, she's not going to do anything anyway. Just don't throw it in her face and make it seem you are doing it as a favor for her.


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tess88


Arresto Menor
my purpose is to have rights with my grandson legally that i will not need her consent for certain issues, she is not anymore staying in our house, she eloped with some guy!!! she is even missing. the ones taking care of my grandson now are his uncles and a yaya.
i am an OFW and wants full custody that i can sign papers in her behalf etc, travel with my grandson without her consent. this is the reason why i am consulting, to seek legal means that i would not need or require her consent anymore.
is this possible? what are the options.
it may take some time but its ok, all these allegations have witnesses.
should i just wait till my grandson reaches 7 y/o? is there bigger hope when he is above 7?

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