Can my girlfriends mother legally take away her son?

Question

My girlfriend is an unemployed 19 year old girl with a 1 year old child who lives with her mother and father.

She wants to put her son in day care so she can get a job and actually buy him stuff with his own money and learn to be more independent but they refuse to let her put him in a daycare since neither her nor her sisters were put in daycare when they were small.

After she had given birth she had 2 anxiety/panic attacks and was put on medication for it which she used only for 4 months and then stopped when she realized it was all just mental.

My girlfriends mother has threatened her several times that she will take her to court and take her son away from her because of the fact that she is a 19 year old girl with no form of income to support the child and has been on medication.

I tell my girlfriend her mom is just bluffing but shes really scared. Is there any truth to what her mom is saying or any place I can get information on this?

Her moms work shifts vary. Some days its 6am-3pm or 9am-7pm or 3pm-12am and so forth. Her dads shifts are usually morning shifts but he isn't very good with small kids and gets impatient with them if he is alone in taking care of them.

They always find a way of throwing everything back in her face, so if she depends on them to take care of the kid, they would dictate her on what she could and can't spend the money she works for on.

Her moms work shifts vary. Some days its 6am-3pm or 9am-7pm or 3pm-12am and so forth. Her dads shifts are usually morning shifts but he isn't very good with small kids and gets impatient with them if he is alone in taking care of them.

They always find a way of throwing everything back in her face, so if she depends on them to take care of the kid, they would dictate her on what she could and can't spend the money she works for on.

I do help her out mentally and emotionally, I am there for her any time she needs me and she knows it.

As for her moving in with me, I live with my parents for the moment as well and even though she is welcome, her mother would come here to cause trouble.

She said tomorrow she is going to pack her and her sons bags and head out to her uncles house(her mothers brother) and stay there for a bit but is afraid that will bring even more problems into the mix.

Answer 1

As long as your gf isnt a drug addict or a raving lunatic, the courts will always decide that athe best place for a child is with their mother. Her mom sounds like a raving psycho, though, and your gf should not want to raise her kid in that kind of environment.

Answer 2

There is some truth o what she (the mother) is saying. Because she can always go to court and say that her daughter (the child's mother) is incompetent, then the court will appoint the mother as the legal guardian, and to undo that is a lot of work.

Why doesn't she move in with you and you support the for the time being and let her get a job, that should take care of most if not all of the problems.

Answer 3

If your girlfriend is proven to be an unfit mother, legal custody of her childern could be given to her mother. The fact that she has had two anxiety or panic attacks in the last year is not exactly a good sign. Did your girlfriend stop taking medication on a doctor's order or did she decide herself to stop taking medication? If a doctor did not tell her to stop taking the medication, this could also not be in her favor. I would not consider the fact that she has been on medication to be as important as the fact that she has stopped taking medication perscribed by a doctor for her condition. It would take a court order though to legally change custody and this would require a hearing.

What are you doing to help raise this child? How are you contributing to the health and well-being of the child and your girlfriend?

Answer 4

i dont think she can take away your girlfriends son unless the child is in danger or being neglected. if your girlfriend is wanting to put her son in daycare so she can get a job and support him then thers nothing wrong with that at all and is entirely up to her and isnt neglecting the child at all. jsut becasue her or her sisters were not put in daycare should not mean your girl cant put her own child into it. as for the medication she was taking for a while it shouldnt be a factor in anyhting becasue she done something about her panic attacks by takin the medication instead of lettin them continue and possibly puttin her son at risk. if her mother continues to threaten to take her to court then maybe she should find a decent paying job so she can put her son into daycare and then move into her own place or stay with someone for a while till enough money saved. atleast then she wont have to listen to her mums threats all the time i think your girlfriend is doin the right thing and wantin to get a job, and personally daycare can be a good thing for children and helps withther development and social skills.

Answer 5

If your girlfriend is 19, she's legally an adult and her mother cannot have her son, unless she can prove she's an unfit mother. Why hasn't she moved out on her own ?? There is help for her, no matter what state you live in, check it out...
Is she gets away from her mother, she may have a better chance at a 'normal' life...
Why aren't YOU helping her ??? If you claim to be her boyfriend, then you should be able to help her out...(and I don't mean by givng her a place to stay or money...I mean HELP and support of the mental and emotional kind.)

Answer 6

As the grandparent of the child, she could file a motion with the court to be appointed guardian of the child. The decision is based on a "best interest of the child" evaluation by the court.

Answer 7

Her mother may be able to get custody, if your girlfriend is an unfit mother. Why doesn't she allow her mother to take care of her child, so the child doesn't have to go to day care? I think it's terrible that kids have to go to day care. It's just not the same as having a parent or grandparent or some other relative take care of you. Your girlfriend needs to think of what's best for the child, not what is best for her. And she needs to put her feelings and emotions aside and think of the child. Children grow up and they grow up fast. Her decisions will affect this child for the rest of his/her life

Answer 8

sad to say but if she can prove that there may be harm to the child or the mother is not capable or fit to care for the child then she can