QUESTION
How does a mother get sole custody of child?
Asked on Feb 28th, 2014 on Child Custody - Arizona
More details to this question:
My niece is 20-years-old and deaf. While she was pregnant, she stayed with her boyfriend's parents. After the child was born, she felt that the grandmother was taking over her child. My niece asked me and my mother to help her get out of the situation. The grandmother has become obsessed in getting the child back. She is saying the deaf father, who is 18 but still in high school, and will not graduate this year, should have sole custody. The grandmother has gone as far as showing up at my niece's apartment looking for her to the point the manager called the police. Side-note: the Grandmother's living conditions were not good. They used a grill to heat the house when we had below freezing weather. Three teenage boys live in a 1000 soft house with an inoperable kitchen. We did not want to deny the rights of the father and hoped to make this move amicable, however we are receiving threats and unfortunately the father is dependent on his parents for all guidance. The father of the baby had meningitis three times as a child and not only did it make him go deaf but affected him mentally, therefore, at this time incapable of taking care of the baby. We went by the court house to ask what we needed to file but they said they could not give any legal advice. We need help to make sure this baby is protected.
7 ANSWERS
Until the father has established his rights in a court of law, your niece has custody of the child. As an adult, it is solely up to her whether she lets the father see the child or whether she lets the child's grandmother to see the child. The burden is on the the father to establish his rights and demonstrate that it is in the best interests for him to see the child (and accordingly, in what conditions he is allowed to see the child i.e. it is his burden to prove that it is in the child's best interests that his parenting time occur at the grandmother's 1000 sf house under those conditions; otherwise PT will have to occur elsewhere and possibly under supervision by someone trustworthy).
Answered on Mar 10th, 2014 at 6:13 AM
Alimony Attorney serving Klamath Falls, OR
at
EveLyn Oldenkamp
Update Your Profile
You need to get an attorney and get a custody order in place for your daughter, with, it would appear limited visitation for the father. If the home is that bad, perchance supervised visitation only.
Answered on Mar 03rd, 2014 at 5:35 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
Your niece needs to file a paternity action asking for sole custody of the minor child, subject to the father's rights to parenting time.
Answered on Mar 03rd, 2014 at 5:34 PM
Bruce Provda
The mother should file a petition for sole custody. It would be best to do with the help of an attorney. You can also look at the family court website which contains forms.
Answered on Mar 03rd, 2014 at 5:33 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
Your niece needs to file a parentage action to make the father a legal father, get child support and create a parenting plan appropriate for the child. This may mean supervised visitation with the father if he is not able to care for the child alone. It will also most certainly involve asking the court to appoint a Guardian ad Litem to figure out what kind of parenting plan is best for the child. The other question is whether your niece is able to care for the child or if a third party custody is appropriate with visitation by both parents.
Answered on Mar 03rd, 2014 at 5:33 PM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
If the parties are unmarried, until or unless a court orders otherwise, mom has sole legal custody and placement.
Answered on Mar 03rd, 2014 at 5:32 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
You need to file a petition to establish legal decision-making and parenting time (custody). From there, the father will need to be served with the petition and he will have an opportunity to respond. I suggest talking to an attorney if you need help with this process.
Answered on Mar 03rd, 2014 at 5:32 PM