QUESTION
Can someone obtain custody of a child without permission of both parents?
Asked on Mar 12th, 2014 on Child Custody - Rhode Island
More details to this question:
My son has been living with his paternal grandmother for 18 months. His father's name is not on his birth records. Can he obtain any kind of custody without my permission?
3 ANSWERS
Bruce Provda
The father would have to establish paternity and then petition for custody. You would be notified of this court action and could fight it if you wish.
Answered on Mar 12th, 2014 at 7:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Permission he does not need, he needs a court order, and you would have to be noticed of litigation or proceeding and be given opportunity to state your position. If there is no court involvement to this point he is the father and could potentially seek to take the child, his rights being greater than the grandmother. I would suggest you see and attorney.
Answered on Mar 12th, 2014 at 6:59 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The father can prove he is the father by doing a DNA test and filing a parentage action. At that point his legal rights are the same as yours and the question becomes what kind of parenting plan is in the child's best interest. As between the father and the grandmother, the grandmother has no rights to the child, the father does.
Answered on Mar 12th, 2014 at 5:40 PM