Can a maternal grandmother living in Iowa get legal custody of her granddaughter (lives in Missouri) due to the mother not providing adequate living conditions and being in/out of jail for theft? The child's father is not involved and not listed on the birth certificate.
Answer
We do have a statute that would allow for this. However, you will need to file the lawsuit in MO. If the mother and child live within any of the many jurisdictions where I practice regularly, I might be able to help you myself. I have handled several similar cases during the 35 years I have been practicing law. If the case is outside of my range, I might be able to help you find a good lawyer. Feel free to contact me directly.
Answer
If you can prove she is unfit and the father also, you can get custody. An easier approach is guardianship.
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