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Grandma has threatening to take custody of child from me

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laidir

Junior Member
What is the name of your state (only U.S. law)? Arizona

My boyfriend and I are having a baby (currently 28 weeks), we are not married but have lived together for 1 1/2 years. His mother got very upset with me because I did not want to find out the sex of the child, and she threatened to take custody of the child once born.

You may need to know more about my situation--my boyfriend brings in the income at this point, I am in school and can only offer leftovers from student loans to contribute to bills. We do have a stable, reliable income though, my boyfriend is paid hourly at a 40+/hr week job. We have our own place and do not live with any other family members, we are both adults (26 and 29). We have every intention of staying together and creating a stable family life. We have made arrangements for child care when I can no longer take online courses and must return to campus for class and lab/research work. His mother already has custody of another grandchild (his sister went to jail, custody was given to grandma and has never been restored to the parent). Her income is from disability and social security. She insists that grandparents have the right to visitation and even custody if she wishes it.

I am against her having custody, obviously, I want my child and family. I am hesitant to visitation because of her blatant issues with me, and also because she had severe brain trauma and has had documentable problems with cognition and personality. I am not convinced that she has a reliable memory (I am not a doctor or therapist, yet, but do think she could benefit from seeing one) because she has made up stories about my boyfriend hitting her that never occured. She has recounted various other events that did not actually happen but has done so with such conviction I am not sure if she knows she is making things up or if she really believes what she is saying (I have had to fact-check her when she recounts the past to me).

I apologize for rambling, I want to give as much detail to my story as possible because it could be relevant. I want to know if she could take my child from me in the future or if the courts could mandate visitation with her and if so what to expect with that. I appreciate any help.
 
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cyjeff

Senior Member
Grandma is on crack.

Just because she was able to be named guardian of a convict's child doesn't mean the court is going to grant her carte blanche.

You would have to be proven to be an unfit parent. Poverty alone is not enough to prove that.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Arizona

My boyfriend and I are having a baby (currently 28 weeks), we are not married but have lived together for 1 1/2 years. His mother got very upset with me because I did not want to find out the sex of the child, and she threatened to take custody of the child once born.

You may need to know more about my situation--my boyfriend brings in the income at this point, I am in school and can only offer leftovers from student loans to contribute to bills. We do have a stable, reliable income though, my boyfriend is paid hourly at a 40+/hr week job. We have every intention of staying together and creating a stable family life. We have made arrangements for child care when I can no longer take online courses and must return to campus for class and lab/research work. His mother already has custody of another grandchild (his sister went to jail, custody was given to grandma and has never been restored to the parent). Her income is from disability and social security. She insists that grandparents have the right to visitation and even custody if she wishes it.

I am against her having custody, obviously, I want my child and family. I am hesitant to visitation because of her blatant issues with me, and also because she had severe brain trauma and has had documentable problems with cognition and personality. I am not convinced that she has a reliable memory (I am not a doctor or therapist, yet, but do think she could benefit from seeing one) because she has made up stories about my boyfriend hitting her that never occured. She has recounted various other events that did not actually happen but has done so with such conviction I am not sure if she knows she is making things up or if she really believes what she is saying (I have had to fact-check her when she recounts the past to me).

I apologize for rambling, I want to give as much detail to my story as possible because it could be relevant. I want to know if she could take my child from me in the future or if the courts could mandate visitation with her and if so what to expect with that. I appreciate any help.

Grandma has virtually NO chance of gaining custody.

She would have to prove BOTH of you unfit.

If ever she files for visitation, fight it at every level. Do NOT agree, even in mediation - to visitation.

Make her go to court.

Make her prove to the court that your child NOT visiting - and bear in mind there is no relationship between her and the child - would be detrimental.

Hang in there. Don't give up and don't let her bully you.

You do not have to justify a darned thing!
 

gr8rn

Senior Member
Relax, Mom. You have said nothing that would give her any chance at custody or visitation. One question though, and it may be important. Are you and your boyfriend currently living in her house?
 

Antigone*

Senior Member
Grandma is on crack.

Just because she was able to be named guardian of a convict's child doesn't mean the court is going to grant her carte blanche.

You would have to be proven to be an unfit parent. Poverty alone is not enough to prove that.
Perfect answer. I might just add one thing.

Since you are not married, the child won't even legally have a father, so until dad has been legally established as one, she is even less than nothing.

Whatever you do, do not agree to any type of visitation with this woman, the moment you do, you will open the door for problems.
 

cyjeff

Senior Member
Perfect answer. I might just add one thing.

Since you are not married, the child won't even legally have a father, so until dad has been legally established as one, she is even less than nothing.

Whatever you do, do not agree to any type of visitation with this woman, the moment you do, you will open the door for problems.
That is a great point.

The best way to make sure grandma never has a case is to make sure grandma never forms a solid relationship.

That doesn't mean you can't invite her to the house for Christmas... but it does mean that you shouldn't look to her as ANY type of regular child care of any kind.
 
That doesn't mean you can't invite her to the house for Christmas... but it does mean that you shouldn't look to her as ANY type of regular child care of any kind.
excellent advice i should have heard years ago, please learn from my mistakes ive made and not do them.
 
OP... do a search on this very patient poster... good lessons to learn and good advice on her threads. How ya Be Lia? ;)
um, unfortunately im still up b/c i just got home from the animal hospital at 11, my dog got hit by a car and today has just sucked big time, FYI for any one who ever thinks about getting a siberian husky or an alaskan malamute, be VERY careful they are runners and mine ran right out the front door, not the persons fault that hit him. hes ok, banged up badly but ok, im going to be up all night medicating and watching him....:(:(
 

CourtClerk

Senior Member
um, unfortunately im still up b/c i just got home from the animal hospital at 11, my dog got hit by a car and today has just sucked big time, FYI for any one who ever thinks about getting a siberian husky or an alaskan malamute, be VERY careful they are runners and mine ran right out the front door, not the persons fault that hit him. hes ok, banged up badly but ok, im going to be up all night medicating and watching him....:(:(
Awww... pet the pooch for me.
 
Awww... pet the pooch for me.
Will do once hes not in pain anymore:( ugh horrible night, I had to be up watching him and listening to him whine, ugh....

But back on topic here, um Grandma is a bit on the delusional side if she thinks she can get custody of your child. I would not worry especially since there is no established relationship or anything. My legal and personal opinion is to keep it that way.
 

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