QUESTION

Can full custody be given to someone other than the mother? How?

Asked on May 20th, 2015 on Child Custody - Washington
More details to this question:
My son is 21 and has a child with an 18 year old student. They were together for over a year before the baby was born. She has no source of income, her parents are divorced and her mother couldn't even afford to buy her maternity clothes. Is there a chance he could take over full custody of the child since he is the only one with an income? Or is there anyway that we, as the grandparents, can get some sort of custody? We are very involved in our granddaughters life and she has lived with us for some time.
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3 ANSWERS

Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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If there is a paternity/divorce action, you may be able to intervene as grandparents to obtain custody. Your son can also sue for custody. However, not having a job alone is not enough to take the child away, provided she can use community resources to provide adequately. You may wish to visit with a local family law attorney familiar with grandparent rights confidentially about your options. Best wishes.
Answered on May 20th, 2015 at 6:14 PM

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Having or lacking income, or having a greater or lesser income, most often plays no role in court decisions about custody and placement (which are two different things, at least in this State). Rather the court must determine (with expert help) what arrangements are in the best interest of the child. Custody (and placement) are not necessarily given to the mother as a matter of course. There are breast pumps in this world, and family courts know all about them. Your best bet is to consult an experienced family law attorney who is acquainted with the practices of the circuit court in your county.
Answered on May 20th, 2015 at 4:36 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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In WA both mother and father get time with the child unless there are specific reasons to not allow a child to be with a parent. Income is not a criterion for anything but child support. Unless both parents are incompetent to care for the child, you have no rights as grandparents. I assume when you say the child has lived with you for some time, that the father also lives with you. If neither parent lives with the child, then you have a basis to file a third party custody action.
Answered on May 20th, 2015 at 3:02 PM

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