QUESTION
What can I do if the grandparents are trying to gain sole custody of my daughter?
Asked on Jul 08th, 2014 on Child Custody - Nebraska
More details to this question:
So the whole story goes, my daughter is two. When she was under a year old the mother left the picture, she is a method addict and decided to choose her drugs and new lover over her daughter. Until that point, the grandparents didn't have much to do with the grandchild. Never visited or anything. They even kicked the mother out of their home and onto the streets while she was pregnant. So when the mother left, me working 14 hour nights and my mother working 8 hour days, we had hardly any time to take care of the daughter. Daycare was so expensive. So at that point the grandparents stepped in and said “well we can take care of her for a while since you are all struggling, and when you get on your feet you can bring her back home." So I got her every other weekend, and every holiday. (I work every other Friday night until 6 am and they lived 45 minutes away). Just recently I've been financially able to have her and between my fiancé and me we have plenty of time and certainly the means to do it. I'd been asking to come get her more often but the grandparents refuse, saying " that's not how this works, you don't get her every weekend you only get her every other weekend if we aren't busy with her" then they got the birth mother to sign over temporary custody to them for a year nonce they heard we were considering moving to get better jobs. So now we cannot leave the state with her, and they are telling me I need to sign over my rights and just give her to them like I'm just going to willingly give up my child. I said I would not sign the papers, and they are taking us to court. The whole time saying I can't see my daughter and have any contact with her until it's all over even if it takes 6 months. What are the chances of them getting custody? What are their rights? They are dead set on taking her and are saying I can't do anything about it and then they are going to have the last laugh when they win and I have.
6 ANSWERS
You absolutely need to hire an attorney to address this situation. You should do that as soon as possible and not wait and hope things get better. Your situation cannot be resolved via email or with a quick idea or two posted to an online message board. You need to asserts your parental rights.
Answered on Jul 11th, 2014 at 3:08 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to hire an attorney immediately. If your legal rights as the biological father have not yet been established by a Judge, you need to take immediate steps to do so. Your rights should trump those of the grandparents, although they may have rights as assigned to them by the biological Mother. In Florida though, grandparents do not typically have individual rights regarding grandchildren. As stated, you need to talk with an attorney immediately.
Answered on Jul 09th, 2014 at 2:23 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You're in this position because you did not get a court order to start with. Now the child has been with the grandparents for two years. Get a lawyer and see whether you have established enough of a relationship that it is in the child's best interest to come live with you. Doubtlessly, a guardian ad litem will be appointed to evaluate the situation. You probably should not move away, even if you get the child, for a while because with a child this young it will be important to maintain regular contact with the grandparents, since these are the only stable family the child knows well.
Answered on Jul 09th, 2014 at 2:22 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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DO NOT SIGN ANYTHING. Grandparents have no specific rights to custody in Maryland. Furthermore it sounds like there is not any kind of order in place that prevents you from getting your child . If this matter has not been filed with the court, you should be able to tell the grandparents that as the child's father, your rights are superior and they need to turn her over to you. You should also immediately file for custody. You will really need an attorney for a case like this.
Answered on Jul 09th, 2014 at 1:33 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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In order for the grandparents to take custody of the child they have to show that both Mom and Dad have acted inconsistent with their protected status as a parent or that both parents are unfit. Mom may have given them a power of attorney or something, but she could not sign over temporary custody to the grandparents without Dad being part of the order (and signing off as well). You are under no obligation to sign anything giving them power over the child and if there is no actual Court order or case pending in court for custody, then you have the greater right to custody whether they approve of it or not. Cases where grandparents are attempting to gain custody depend on the very specific facts of each case. You should consult an attorney as soon as possible to make sure that you are preserving your rights and maintaining custody of your child.
Answered on Jul 09th, 2014 at 1:32 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I don't know what jurisdiction you are in, but in Nebraska parents have superior rights. If there has been a court case filed you should file a Motion asking for, at a minimum, temporary parenting time rights. if there has not been a court case filed, you should file the case asking for custody of your child.
Answered on Jul 09th, 2014 at 12:38 PM