Do Grandparents have to get licensed as foster parents to get custody of their grandchildren?

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Do Grandparents have to get licensed as foster parents to get custody of their grandchildren?

My boyfriend was with this woman for about a week and she ended up pregnant and didn’t tell him about the baby. The baby’s mom has four other children, all of the children have been taken from her, they took the baby straight from the hospital the day after she was born. He found out about her the next month through social services. He has a felony on his record for fraud. We currently do not have a place or the means to take care of a baby so he asked that his daughter be placed with his mom. They have placed her in the home but say that she has to be licensed as a foster parent to keep her.

Asked on August 28, 2012 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would speak with an attorney in your area as soon as you can. Maybe because social services is already involved they want to make sure that the grandparent's home would be safe for the child.  But generally speaking grandparents can request custody and don't necessarily have to be certified as foster parents.  It may just be this particular set of circumstances.  Good luck.


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