QUESTION
What do you do as the paternal grandmother if the child's mother just shows up and demands the child be given to her?
Asked on Feb 07th, 2012 on Child Custody - Maryland
More details to this question:
Can a mother who abandoned her child and her child's father at 2 or 3 years old, just come into the child's life at 7 years old (only months after the child's father had passed away and the child's father's wishes were for the child to be sole custody the child's paternal grandmother via legal doc's) and take him from the paternal grandmother? Child's mother also lives several states away from where child lives now. I am certain a judge would rule in favor of paternal grandmother based on supporting evidence, but what do you do as the paternal grandmother if the child's mother just shows up and demand the child be given to her?
1 ANSWER
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File for custody of the child immediately. In the absence of a custody order, the biological mother has superior rights to the child, notwithstanding what may appear in the father's will. For a grandparent to prevail in a custody battle with a biological parent, the grandparent must show that the biological parent is unfit or that some exceptional circumstance exists. If either of those factors can be demonstrated, then the court would determine custody based on the best interest of the child. I strongly recommend that you consult with an experienced family law attorney at your earliest convenience.
Answered on Feb 15th, 2012 at 10:57 AM