QUESTION
SHould I apply for custody of my Grandchild?
Asked on Jan 12th, 2018 on Child Custody - Texas
More details to this question:
My teen daughter is mother to my grandchild. She and father were never married and he wasn't in the picture until child was 6 months old.(He's now 2) Dad is not on birth certificate. He only occasionally comes to see him and doesn't pay child support. (we've never stopped dad from visiting him) Both parents are immature and not able to provide a stable environment alone and their relationship has turned to one of name calling and hatred. He's recently decided he would like joint custody and wants to do so "out of court". Although not legally, I consider myself decision maker for my grandchild. I'm the one who financially supports and makes sure she has diapers, food, place to live, daycare, STABILITY, etc.... I would never allow a 50/50 split unless its court ordered. If we did go to court with the father would it be better if the mother was shown to still have custody or should I apply for custody of my grandchild? Would doing so hurt us should we go to court with the father?
1 ANSWER
2 Awards
It sounds like you have standing to file for custody of the child. The young man will have to get proof of paternity through a DNA test if he didn't sign an acknowledgment of paternity when the child was born. If he's the father and you are successful in getting custody, he would be ordered to pay child support to you. He could also get a visitation order, but if you have concerns about him keeping the child overnight, you could argue for a non-standard possession schedule for him. The Court will consider the best interest of the child in every aspect of the case.
Answered on Jan 19th, 2018 at 7:56 PM
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