Tuesday, August 24, 2010

By law if a parent is found to unfit can the grandparent be sued in court and forced to support the child?

I have been told under a new federal law passed in Mass.that if a parent is found unfit to support a child that the state can take paternal grandparent to court and force the to support their grandchild. Please I need answers to this question.By law if a parent is found to unfit can the grandparent be sued in court and forced to support the child?
If the law was passed only in Mass. Then it cannot be a federal law. Because federal laws apply to the whole country and not just one state.





But if the state government has passed such a law. Then this law is probably unconstitutional. Because grandparents don't have any automatic right to have custody of their grandchildren. And making grandparents responsible for supporting their grandchildren would be grossly unfair.By law if a parent is found to unfit can the grandparent be sued in court and forced to support the child?
How old are the parents? If they are under 21, that could happen because you are legally responsible for your children until they are 21(however, this doesn't mean they will). The state has to get the money to pay for the current custodians so they are going to try and get it from the parents (up to 17% of their income for one child-35% for multiple children). I don't live in Mass so I am giving you an answer based on NY. However, if you get custody of the child, you will be able to get public assistance to be able to pay for the child and the state will try and get the money from the parents. In order to gain custody, you will be subject to a background check. In some states, they can give you temporary custody and others make you become foster parents or get permanent custody.
Without actually seeing this law, I'd have to say NO. How can a Grandparent be sued for the actions of their child who is your parent. Unless that Grandparent had Full custody then they have no financial responsibility for their Grandchildren. I would suggest you get a copy of this ';Law'; and read it carefully, if you need clarification, then seek out a Legal Opinion.

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