Non bio father vs. Grandmother

[mzunderstud19]

What is the name of your state (only U.S. law)? Nevada
My daughter and the mother of my 2 grandchildren died. Her boyfriend left with the kids after the funeral. He is not the father of the oldest child and maybe the father of the youngest child. When we went to court the judge ordered the kids stay where they are (with the bf) until the DNA comes back. How and why is this possible? Since he admitted he isnt the father and not on the birth certificates. The kids, my daughter and her bf were all staying with me prior to her death.

 

[Hisbabygirl77]

What is the name of your state (only U.S. law)? Nevada
My daughter and the mother of my 2 grandchildren died. Her boyfriend left with the kids after the funeral. He is not the father of the oldest child and maybe the father of the youngest child. When we went to court the judge ordered the kids stay where they are (with the bf) until the DNA comes back. How and why is this possible? Since he admitted he isnt the father and not on the birth certificates. The kids, my daughter and her bf were all staying with me prior to her death.

The judge is probably the only one that could answer that as we arent privy to all of the facts. I would say it was to keep the siblings together. I know its hard but try and be patient until the court date. Also do you have a lawyer? I would recommend getting one. I am not one to jump on the grandparents visitation wagon but in the event of the death of the parent a grandparent can get visitation more so since the children lived with you. If he is not the father then they are going to want to find out who is although I assume you would get temp custody oin the meantime. I do again hope you have a lawyer it really will help.

Also, I am sorry to hear about your loss of a child. I cant imagine the pain you are feeling and I wish you the best of luck with the court hearings. God bless you.

 

[mzunderstud19]

Yes I have a lawyer and she showed up and he had no lawyer. My lawyer barely said a word. The court date isn't until next year. Now I have talked with biodad and he wants to get a dna and give me custody. Since the kids have been with bf for 3 months without me seeing or talking to them. He coerced them into saying certain things. The judge gave me one weekend per month. How should biodad go about getting his son? Will the judge split them up if the biodad files for custody of his son?

 

[Hisbabygirl77]

Yes I have a lawyer and she showed up and he had no lawyer. My lawyer barely said a word. The court date isn't until next year. Now I have talked with biodad and he wants to get a dna and give me custody. Since the kids have been with bf for 3 months without me seeing or talking to them. He coerced them into saying certain things. The judge gave me one weekend per month. How should biodad go about getting his son? Will the judge split them up if the biodad files for custody of his son?

The dad has a right to the child that is his. If it his child the dad will get custody before you do.

 

[mzunderstud19]

The biodad wants to get his son from the bf and give me custody. Would the bf have any say in court?

 

[Hisbabygirl77]

The biodad wants to get his son from the bf and give me custody. Would the bf have any say in court?

Normally I would say no but with the death of the mother and the fact that biodad doesnt actually want to retain custody I have heard of cases where because of siblings they were allowed to stay together with non bio parent of one if he has been the father figure for long time in the childs life. That being said I think that is a rare case. I am going to leave this one up to some other seniors. OG will be much more able to answer this question. Please wait on her or one of the others. I dont want to say definetly no he cant even though thats what my instincts are telling me. Please wait for OG or another senior more familuar with cases like this. Sorry I couldnt be more help.

 

[Ohiogal]

Normally I would say no but with the death of the mother and the fact that biodad doesnt actually want to retain custody I have heard of cases where because of siblings they were allowed to stay together with non bio parent of one if he has been the father figure for long time in the childs life. That being said I think that is a rare case. I am going to leave this one up to some other seniors. OG will be much more able to answer this question. Please wait on her or one of the others. I dont want to say definetly no he cant even though thats what my instincts are telling me. Please wait for OG or another senior more familuar with cases like this. Sorry I couldnt be more help.

The BF may have SOME say due to the fact that he CURRENTLY has custody. HOWEVER dad's rights are superior to BF's. Dad has the right to give custody of his child to anyone he wants. BF will most likely have standing to sue for visitation due to his current custody and he may be granted it due to the sibling relationship.