Can I obtain permanent custody of my granddaughter due to my daughter's behavior?

Full question:

In July of 2006, I went to court in Georgia and obtained legal custody of my 22 month of grandaughter.(Audrey) She had been placed in foster care after being severely injured by my daughter's male "roommate". My daughter was not home of time of injury (2:30am) but when social services inspected the house found it to be unsuitable for an infant. (Dirty clothes, dishes, no food etc). There was also some probability that my grandaughter had been sexually abused, though that was never determined as a fact. My daughter relocated to Virginia in December of 2006 to be close to her daughter but has taken very little interest in establishing herself as a mother . She has two full time jobs but contribues only about a $50 a week toward the care of my grandaughter and finds excuses almost every weekend to why she can not do more. I had given her my old apartment furnished, and moved to a house so that the baby could have her own room, but my daughter has only physically kept her on two nights since December. I have placed no restrictions on her visting. I am retired and planning to move out of state within the next year and feel, based on my daughter actions she is still not prepared to take care of my grandaughter. She is 30 years old and involved heavily in Poetry venues that use degrading and inappropriate lanuage. I know for a fact in the past she has taken my grandaughter with her. During one weekend in May I found out that she went to New Jersey and New York, to participate in a poetry venue while stating she had no funds to assist with her daughter.More importantly she has been caught up in several lies. For example: Saying she was ill and could not visit but finding out she had been out at a club. I would like to know if the aforementioned would be enough for me to get permanent custody of my grandaughter. The court issued custody until a certain time.

• Category: Guardianship
• Date: 04/07/2025
• State: Virginia

Answer:

You may be able to obtain permanent custody of your granddaughter based on your daughter's ongoing lifestyle and behavior. In custody cases, the court prioritizes the child's best interests. While the court encourages contact with both parents, it can award custody to another person if there's clear and convincing evidence that it's in the child's best interest.

When determining the best interests of a child, the court considers several factors, including:

1. The child's age and physical and mental condition, considering their developmental needs.
2. The age and physical and mental condition of each parent.
3. The relationship between each parent and child, including their involvement in the child's life and ability to meet the child's needs.
4. The child's needs and important relationships with siblings, peers, and extended family.
5. The role each parent has played and will play in the child's upbringing.
6. The willingness of each parent to support the child's relationship with the other parent.
7. The ability of each parent to maintain a close relationship with the child and resolve disputes.
8. The child's reasonable preference, if they are capable of expressing it.
9. Any history of family abuse as defined by law.
10. Other factors the court finds necessary for the determination.

Given your daughter's actions and lack of involvement, you may have a strong case for permanent custody.