My friend has a child with someone whom she has never married. However, his parents (the child's grandparents) wants to take them to court for custody over the child. The mother does not work but has full support from her mother. The father of the child is working and they buy all the things the baby needs. Is there any way that the grandparents could take the child from the mother?? Please advise.
2006-12-01 08:11:17 · 5 answers · asked by Mz J 2 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
Not unless they were on drugs and/or abusing/neglecting the baby. They are just trying to scare them.
The state of Georgia recognizes that the relationship with a grandparent is important to a child, and gives the grandparents the right to seek visitation when it is otherwise unavailable to them. This might occur when one parent is deceased, or does not get visitation with the children. The grandparents may file a separate action against the custodial parent to seek visitation rights with their grandchildren. However, because of a recent Supreme Court of Georgia ruling, the legislature had to re-write the statute to eliminate the right of the grandparent to intervene where the grandchild is living with both biological parents in an intact family.
The custody of a child cannot be given to someone who is not a biological parent unless it is determined, by clear and convincing evidence, that it would be in the child's best interest to live with a relative other than the biological parent. It is no longer necessary that the parent be found to be unfit. After such a determination, the Judge decides the issue of custody based upon what is in the best interest of the child. A child over the age of 14 can choose which parent to live with, and the Judge will consent unless specific findings are made that the parent chosen is unfit. However, this provision of the law cannot be used to choose a grandparent over a biological parent.
If fitness of a parent is an issue in deciding custody the Judge will sometimes ask for a Guardian Ad Litem to help investigate from the child's perspective and make a recommendation to the Court.
2006-12-01 08:16:28 · answer #1 · answered by Ryan's mom 7 · 0⤊ 0⤋
NO! if the mother and father of the child are taking care of the child in question and Child Protectives Services deem the child in a safe and loving enviornment then no one can take custody of the child without agreement of both biological parents.
2006-12-01 08:22:25 · answer #2 · answered by Bella 5 · 0⤊ 0⤋
Have her get a good lawyer. There is a lot of judicial corruption in Georgia. Ever hear of the Wendy Titelman case, a woman who lost her girls to a sexual molester father? Money determines custody down in Georgia, not merit. Beware and be careful.
2006-12-01 08:15:46 · answer #3 · answered by silverside 4 · 0⤊ 0⤋
No that can't just take the baby away from you. They have to prove that the baby is being abused or mistreated in any way. I'm from Georgia.
2006-12-01 16:17:54 · answer #4 · answered by wetcat2009 4 · 0⤊ 0⤋
Are you sure they don't live in WV?
2006-12-01 08:13:34 · answer #5 · answered by Fucktard 1 · 0⤊ 0⤋