this is the story my niece got in some trouble my sister took her son to live with her. well my niece isn't all together in the head and my sister is getting the guy my niece slept with the day she concieved everybody has a really good feeling about this.well my sister let him come over and see him takes him out for pizza you know getting him involved and now she is being a ***** to him tells him that if he don't get off her property she will call the cops and she tells him that he better find a good attorny because she not giving him up with out a fight and she don't spend any time with him she is ether huting drinking outside with her boyfriend, working or with her friends my niece her other daughter babysits all the time. she is eighteen she needs to get out and a job and a live of her own. I guess my question is as soon as the father goes and gets the paternity test and finds out he is the dad, can he go get him from my sister no questions asked does she have any right
2007-01-08 14:38:57 · 6 answers · asked by Beth 1 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
It's a really iffy situation. Normally the parents get all the rights. Grandparental rights are usually not granted if one of the parents want custody and are seen as a fit parent. However, in this case, since the grandmother is the one who has taken care of the child for the longest, and the father has just now come into the picture there is a very slight chance she might have a slim shot. Factors that need to be added in are just how unfit of a mother the mom is, if the dad would be a fit parent, how old the child is (because if he's older and has only ever known his grandma courts will be hesitant to remove the child from her custody). She should talk to a lawyer to see what her chances are. but in the meantime, she should seriously reconsider allowing the child to see his father, for many different reasons.
2007-01-08 14:54:47 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes he can. If he can show proof of paternity your sister will have NO rights at all. She can TRY to take him to court but since SHE is not the biological parent and HE is the court is more than likely to side in his favor unless he can be proven unfit which in this case sounds like HE can prove against her.
2007-01-08 23:37:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
you need a guardian ad lidium,if it can be proven that shes un unfit parent the courts like to place children with other family members who are responsible and able to care for child,contact an ad lidium seek mediation and if you still don't get what you need catch her being a not so good mom
2007-01-08 22:47:24 · answer #3 · answered by resigned 5 · 0⤊ 0⤋
If she hasn't established a legal guardianship then she has no legal right to the child. A father obviously does have legal rights to his own child after paternity is established. If the guy isn't a drug addict/alcoholic he should be involved in his child's life.
2007-01-08 22:44:57 · answer #4 · answered by Enjoying Life 3 · 1⤊ 0⤋
your question is very hard to understand. but yes, if he is the father, and the mother is incapable of looking after a baby, then he can indeed get the baby, and probably should. if they look into the background of the two families, they will probably take the baby away from both, though, and it would be best.
2007-01-08 22:49:40 · answer #5 · answered by judy_r8 6 · 0⤊ 0⤋
he can,if he can prove he can make a living for the child,if they can prove her an unfit mother,and also the father has to have a decsent place for the child to live.he would also have to have somone watch the child while he is at work
2007-01-08 22:46:21 · answer #6 · answered by Anonymous · 0⤊ 0⤋