Can I take my granddaughter home against her mother's wishes?

Full question:

Can I take my granddaughter, age five home? She has lived with me for over four years, since July 30th, 2006, and I entered a notarized custody agreement with my daughter Sept. 11, 2006. My granddaughter was snatched by her non custodial mother and her boyfriend in August, 2010, against my will. They also told me if I wanted to see her, I would have to come to Georgia, which I did, and lived with my granddaughter, daughter and boyfriend that snatched my granddaughter, and his family in a very remote part of Georgia. My phone has been broken, then the family dismantled my car. I am now kicked out of this place tomorrow, I have secured a home to live in again, but I have been told by my daughter and her boyfriend I can't take my granddaughter. I signed, as did my daughter, a full guardianship agreement with my daughter's parental rights terminated, only to be given back if CPS, a lawyer, and a third party agrees on September 11, 2006, in Harris County, Texas, and had it notarized. My granddaughter was 1 at the time, and my daughter had abandoned her for 3 months in a drug house in Houston with the alleged father.When I got her, she had a 105 degree fever, sepsis, diaper rash, malnutrition. CPS gave me custody of her. My daughter showed no interest in her till this boyfriend, whom she is pregnant by. In 2007, my daughter gave birth to my grandson, who she abandoned at 2 months to go do drugs again. He lives with his father. I have enrolled my granddaughter in school, gotten medicaid for my granddaughter, etc, with the custody order we had notarized. Now, my daughter, and her boyfriend say this agreement is expired, and they are taking custody of my granddaughter, even though there is no expiration date on the order. My daughter's boyfriend is an angry PTSD diagnosed Iraq war veteran, discharged from active duty with no job, he could claim 100 percent disability for his PTSD, but he won't. He is being sued for shooting a neighbors terrier when he was angry. He is always angry and violent, as is my daughter. They now direct their anger toward me mostly, but if I leave my granddaughter with them, they will direct it toward her. He has put my granddaughter in a military style choke hold, thrown her on the floor, which I have pictures of, and hit her with a belt. Can I take my granddaughter home? The police around here are no help- they are all cousins around here. I just want to take my granddaughter back to safety.

• Category: Child Abuse
• Date: 04/07/2025
• State: Georgia

Answer:

We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.

You state you have a signed agreement with your daughter. If this is a court order or if there is a court order associated with the Texas CPS giving custody to you, or if Georgia CPS has given you custody, then you would likely have the legal authority to take your granddaughter. However, if it is just a signed agreement between you and your daughter, it may not be legally valid, and you may not have such authority.

If you take your granddaughter, there may be legal and practical consequences. Your daughter and her boyfriend may confront you. Unfortunately, the law generally favors a child being with their natural parent(s), unless the situation is extreme. Based on your description, it seems you are in an extreme situation.

You should consult with a family law attorney in the largest town in the county where your granddaughter is living. This lawyer will be your best chance of securing custody. Georgia Child Protective Services may also be involved through the attorney, and proper court proceedings can be initiated.

If you cannot afford an attorney, consider contacting Georgia Child Protective Services directly. You can search for them online or visit their website for assistance.

Based on what you have written, you may have a chance to be successful in obtaining custody. Retaining an attorney will help, but if you cannot, working with CPS is essential.

We wish you and your granddaughter the best of luck.