Can I take my granddaughter, who I have custody of, back from her mother?

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 in Texas, or if Georgia CPS has given you custody - then you would most 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 consequences both legal and practical - your daughter and her husband may find and confront you. Unfortunately the law favors a child being in the custody of her natural parent(s), unless the situation is extreme. However, you do seem to be describing an extreme situation.

You need to consult with an attorney that practices "family law" or "divorce" in the biggest town in the county where your granddaughter is living. This lawyer will be your best chance of getting custody of your granddaughter. Georgia child protection services will probably be brought into the picture by the attorney and the proper court proceedings will be held.

If you cannot afford an attorney, you will have to contact Georgia Child Protective Services yourself. Use this link:

http://dfcs.dhr.georgia.gov/portal/site/DHS-DFCS/menuitem.5d32235bb09bde9a50c8798dd03036a0/?vgnextoid=213a2b48d9a4ff00VgnVCM100000bf01010aRCRD

Or "Google" Georgia Child Protective Services.

You will have to work with the case officer to try to secure custody of your granddaughter. Based on what you have written, you do have a chance to be successful. Retaining an attorney will help, however, if you can afford it.

We wish you and your granddaughter the best of luck.