Firstly I am not Carolyn, she's my partner and we're using her login.
When I was 18 and my daughter was 1, she was 'taken' into custody by her maternal grandmother. For the past 12 years I've paid child support but have continually been denied any form of visitation or access by the grandmother.
I now live in Queensland and my daughter is in Darwin. The child's mother and I have not been together since that time. She does not pay child support nor does she have a relationship with our daughter.
This has never been through the court system and paternity has never been verified. Rather this situation is the result of my youth, inexperience and financial vulnerability at the time.
I would like to know whether I have any rights to custody, and what my options are regarding child support. I'd also like some advice regarding legal aid/representation. Things are becoming rather confusing as my partner and I are expecting our first child in January 2008.
2007-10-14 16:25:15 · 1 answers · asked by carolyn.emerson 1 in Politics & Government ➔ Law & Ethics
You say that your daughter was "taken" into custody but then you say the court was never involved... IF the court and state did not "take" your daughter, the maternal grandmother could not. Unless you signed away your paternal rights or the state terminated them due to child abuse/neglect, your rights are still intact.
2007-10-14 16:58:27 · answer #1 · answered by lifesaclassroom 4 · 0⤊ 0⤋
You would have a right to custody perhaps but after being raised by the grandmother for this long I would think to force visitation would be better for your daughter than to take her away from the grandmother unless your daughter prefers to be with you
Did the court decide the amount of child support to pay or did you just arrive at that? If it was ordered by the court, I am sure some type of visitation was ordered as well and the grandmother has been in contempt of court.
I am not sure where you are - I suspect perhaps Australia?
so you should try to see an attorney regarding custody and child support payments but if the grandmother told your daughter that you did not want her or abandoned her, you may want to just have visitation for a while until your daughter learns the truth.
I hope things work out well for you here.
2007-10-14 16:47:21 · answer #2 · answered by Al B 7 · 0⤊ 0⤋
If it's never been through the court system, you should still have all of your rights. I don't know what state you live in, but in TX, grandparents have no legal rights.
Consider though, that if you take your kid back, that it may be kinda' traumatizing to her.
Get an attorney. If you can't afford one, look into Legal Aid in your area.
2007-10-14 16:34:41 · answer #3 · answered by Diana 2 · 0⤊ 0⤋