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Daughter wants to give up baby

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DBGAP

Junior Member
What is the name of your state? AZ
Daughter lives in AZ with baby and is unwilling to care for baby. Father lives in NE and has nothing to do with child but is biological father with no legal custody or visitation. Grandmother has child now. Should Grandmother file for custody and then attempt to secure child support from father?
 


DBGAP said:
What is the name of your state? AZ
Daughter lives in AZ with baby and is unwilling to care for baby. Father lives in NE and has nothing to do with child but is biological father with no legal custody or visitation. Grandmother has child now. Should Grandmother file for custody and then attempt to secure child support from father?
Are the parents willing to just sign the custody papers?
 

LdiJ

Senior Member
DBGAP said:
What is the name of your state? AZ
Daughter lives in AZ with baby and is unwilling to care for baby. Father lives in NE and has nothing to do with child but is biological father with no legal custody or visitation. Grandmother has child now. Should Grandmother file for custody and then attempt to secure child support from father?
Honestly....and I really hate to say this, but if grandma can manage without child support its probably wiser not to "rock the boat".

The problem is that parents have constitutional rights to the care and control fo their children. Grandparents have no constitutional or common law rights at all.

Therefore, odds are that if grandma goes for child support, dad is going to go for custody....and unless dad can be proven legally unfit, it would be difficult for a judge to deny dad custody.

In any case, grandma should consult an attorney before she proceeds with anything.
 
LdiJ said:
Honestly....and I really hate to say this, but if grandma can manage without child support its probably wiser not to "rock the boat".

The problem is that parents have constitutional rights to the care and control fo their children. Grandparents have no constitutional or common law rights at all.

Therefore, odds are that if grandma goes for child support, dad is going to go for custody....and unless dad can be proven legally unfit, it would be difficult for a judge to deny dad custody.

In any case, grandma should consult an attorney before she proceeds with anything.
Yeah that is why i asked if the parents would be willing to sign custody papers because it sounds like to me that the bio dad hasnt even been given a chance.
 

PA_Old_Man

Junior Member
DBGAP said:
What is the name of your state? AZ
Grandmother has child now. Should Grandmother file for custody and then attempt to secure child support from father?
I kind-of went through something similar as the grandfather.

The grandmother needs to get, official and legal, custody. The grandmother would then be something like a foster parent, though when a blood relative is doing foster care, it is really called "kinship care".

Here in PA, kinship care has the right to child support, or if the county is involved, kinship care payments (the county then goes after the parents for the child support as reimbursement for the kinship care payments).
 

stealth2

Under the Radar Member
DBGAP said:
Should Grandmother file for custody and then attempt to secure child support from father?
Grandma can do this. She should realize that paternity would need to be established and that Dad would then likely file for custody himself - and would stand a decent shot of getting the child to raise. If he decides against that, he will likely get visitation. And..... Grandma should ALSO go after Mommy Dearest for child support.
 

stealth2

Under the Radar Member
legalcuriosity said:
Ahh...something you don't hear too often...BOTH parents paying child support.
Well, if they're going to leave it up to Grandma to raise the kid - they should BOTH be financially responsible.
 

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