Where can I get information on a grandparent getting custody of their grandchild from their own child?

Question

My mother wants to get custody of my sisters baby. She is only 16 and had her baby boy a month ago. She doesn't take care of him and leaves him alone in the middle of the night. My mom wakes up to hear him crying. She didn't give him the baby's father's last name or put him on the birth ceritificate. He said he would give up his rights if she wanted him to. The baby has my mothers last name. Where can I find information on this online? I don't know what to look up.

My sister had her baby 1 month ago. She wanted to give him up for adoption during her pregnancy. She is only 16. She was totally irresponsible throughout her pregnancy and only cared about going out and not gaining weight. Now after having him she still wants to go out like nothing and leave him with my mother. She leaves him crying all the time and sneaks out at night and leaves him alone. My mother wakes up to him crying. She said she was going to give him to my mother but now that she sees that she is going to take care of him without her having to sign over she doesn't want to do it anymore. She is not ready for this child!

Answer 1

She'll need to see a lawyer. Chances are, your sister will be more than willing to give her custody. A lawyer can help her with the necessary paperwork.

Answer 2

It won't solve the problem by taking the child away from it's mom but I do understand that you want your nephew to be cared for properly. The best thing for you to do is to come together as a family, not take the child away from his mother. She needs consequences for abandoning her child in the middle of the night but you're putting the cart before the horse. Why is she even allowed to leave the house in the middle of the night at 16?

Maturity doesn't happen overnight and it seems as if she's been allowed to run free and do as she wishes before now so why stop. It's actually still your mother's responsibility to raise her own child and help her become a better mother.The mother is not moving out of the home so what difference would it make who had custody of the child. Either way the grandmother becomes responsible while the mother continues to act as a juvenile.

If the baby's father did not put his name on the birth certificate nor does he have the baby's last name there is no legal proof that he is the father so he cannot sign away his rights to anyone. He himself could not get custody of the child.

Answer 3

The best place to get information is at http://www.childcustody.org. Lots of knowledgeable people there.

Before your mother has any chance at taking your nephew, she would have to have it proven in court that your sister is unfit as a mother. What you said about her leaving him alone in the middle of the night and your mom waking up to him crying may or may not play into that - I don't have enough information to really make a judgment there.

As for not having the father on the birth certificate, that doesn't make a difference. At this point, he doesn't have rights at all, until paternity has been established. But not having the father on the birth certificate doesn't make a difference at all about whether she is a fit mother.

I think it would be more specific to say that your nephew has your sisters last name, unless her last name is someway different from your mother's. Even though your mother wants to take custody of her grandchild, it's still your sister's baby, and so he has your sister's name - even if it's also your mother's and your last name. Her child, her name.

Although he said he would sign over rights if your sister wanted him to, he may decide he wants to step in and be a father since your sister seems as though she may not be interested in the job. If so (and you might want to mention the situation to him, as it is his child's future at stake), he will need to have paternity established and begin fighting for custody himself. The court is far more likely to give a parent custody of a child, so long as the parent is fit. Otherwise, they tend to stay status quo - that is, keeping the child in the environment they are already in.

As I said before, there really isn't enough information for me to make my own judgment about what should be done, although I do feel that the father should be allowed an opportunity to fight for his child.

Answer 4

Your mother can go down to Juvenile Court and file papers saying that the baby is being neglected and they will give her temporary custody right away and set a court date to extend it and work toward permanent custody.

They will require the baby's mother to go to court for the hearing.

My daughter had her baby at 15 and, although she took pretty good care of him, she annouced she was going to move out and take him with her. She was intending to move in with a group of older guys that she knew. I got custody.

Answer 5

Babies having babies I never could stand it, it took me years to get pregnant and when I did, the first one I lost the secound has problems. It makes me mad when I see a child that has a child and does not take good care of it.

Go to CPS your mother needs to, she is all ready the gardian of her daughter because she is not of age. It will not be hard for her to gain control of her on grandchild. She needs to call the local CPS office in your home town.

Answer 6

call social services also seek a lawyer only if your sis is going to fight if shes not just file custodial papers w/family court tell the judge what you want.if sis agrees the judge will grant custody od child to mom that day in court.good luck.

Answer 7

FAMILY SERVICES CAN HELP YOUR MOTHER GET CUSTODY AND THEY WILL HELP YOUR SISTER GROW UP