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Custody Neglect

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CRYREN8972

Junior Member
Grandma is not the most generous of souls, however, does want to see her son get the child. She's also not very bright.
That said...
Paternity WAS established in CA, we have the DNA results in hand.
We don't want to just show up and snatch the child and then later face possible kidnapping charges.
We would like to do this legally and thouroughly, however, do not have the funds to do so through a lawyer.
 


casa

Senior Member
Grandma is not the most generous of souls, however, does want to see her son get the child. She's also not very bright.
That said...
Paternity WAS established in CA, we have the DNA results in hand.
We don't want to just show up and snatch the child and then later face possible kidnapping charges.
We would like to do this legally and thouroughly, however, do not have the funds to do so through a lawyer.
Fiance needs to get some money together at least for an attorney consult. He needs to determine if he'll have to come to CA to fight for custody, or if &/or what he'll be able to handle by telephonic appearance.
 

NITM

Member
That's what I was thinking . . . if there's no custody order in place, why doesn't the father just go get his child from his mother's house??
 

NITM

Member
Also, if there WAS a custody order in place, wouldn't the father have been served with the papers? If there's no custody order, he can't be charged with kidnapping, right? He would have just as much right to his child as the mother. I would have been out here to get my child YESTERDAY!
 

casa

Senior Member
Also, if there WAS a custody order in place, wouldn't the father have been served with the papers? If there's no custody order, he can't be charged with kidnapping, right? He would have just as much right to his child as the mother. I would have been out here to get my child YESTERDAY!
No, because they are not married- that is only true if the parents are married. If they were never married or are not currently married- they MUST go by their Court Order. The poster says Dad established paternity via DNA testing which is a clue that they were not married. In many states an unwed mother has automatic custody. That is why she even has standing to file for child support. The problem here is that the child isn't living with her. Dad needs to ESTABLISH a Custody/Visitation Order if there isn't one...or file to Modify the Custody/Visitation Order if there is one.
 

Eekamouse

Senior Member
Grandma is not the most generous of souls, however, does want to see her son get the child. She's also not very bright.


Wait a minute. Grandma seems to be pretty darned generous to be caring for her son's child along with the mother's other kids while receiving no money to help pay the costs of care from her son. Sonny boy ought to be able to pay the cost of a lawyer since he's not paying squat for his kid to anybody. Sounds like Grandma's footing the bills all by her lonesome and here's the son's wonderful fiance insulting this woman by saying she's not very bright nor very generous. Niiiice. :rolleyes:
 

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