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Grandmother suing Father for child support

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bryantd9

Junior Member
What is the name of your state (only U.S. law)? California
In '06 I learned i had an 14yr old son. Some time prior to me being notified the (unfit) mother had signed over guardianship of my son to his grandmother even though for most of the time they resided in the same household.
Prior to the court date in 2006 my son came to live with me so the DA dismissed the case. A second case happened in '07 where the Judge ordered a support amount of zero $ because my son and the grandmother didnt reside in the same household at the time.
7 months ago my son returned to live with me when his grandmother moved to IL. During his 1 1/2 yr stay with gradma he failed out or just didnt go to school for 2yrs.
The wifey and I have worked hard to get him back on track in school & teach him some responsibilty.
A few weeks ago Gradma moved back to Stockton, Ca. To get out from under the discipline and away from me pushing him to succeed he called his gradmother whinning that he wasn't getting treated right. Without consulting me gradma sent him a train ticket. I thought about making him return but decided to let him stay since he would turn 18 in a few months and I would not be able to stop him from doing whatever he wanted to do.
Now grandma is saying she wants child support & I'm saying she shouldnt have butted in and left him with me if she couldn't take care of him.. (p.s. Grandma and the Mother have never held a job. They are career welfare and state aid)

1. Can the court make me pay support to the grandma?
2. Did the Grandmothers guardianship become void once my paternity was established?
3. Does the fact that he only has 30 of the 230 credits needed to graduate HS have any bearing?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? California
In '06 I learned i had an 14yr old son. Some time prior to me being notified the (unfit) mother had signed over guardianship of my son to his grandmother even though for most of the time they resided in the same household.
Prior to the court date in 2006 my son came to live with me so the DA dismissed the case. A second case happened in '07 where the Judge ordered a support amount of zero $ because my son and the grandmother didnt reside in the same household at the time.
7 months ago my son returned to live with me when his grandmother moved to IL. During his 1 1/2 yr stay with gradma he failed out or just didnt go to school for 2yrs.
The wifey and I have worked hard to get him back on track in school & teach him some responsibilty.
A few weeks ago Gradma moved back to Stockton, Ca. To get out from under the discipline and away from me pushing him to succeed he called his gradmother whinning that he wasn't getting treated right. Without consulting me gradma sent him a train ticket. I thought about making him return but decided to let him stay since he would turn 18 in a few months and I would not be able to stop him from doing whatever he wanted to do.
Now grandma is saying she wants child support & I'm saying she shouldnt have butted in and left him with me if she couldn't take care of him.. (p.s. Grandma and the Mother have never held a job. They are career welfare and state aid)

1. Can the court make me pay support to the grandma?
2. Did the Grandmothers guardianship become void once my paternity was established?
3. Does the fact that he only has 30 of the 230 credits needed to graduate HS have any bearing?
1 ~ yes.
2 ~ Don't know, don't have enough information.
3 ~ This reflects just as badly on you dad.

Normally, I'd say go get your son, but since the guardianship is in question, I will only say get an attorney.
 

mistoffolees

Senior Member
1 ~ yes.
2 ~ Don't know, don't have enough information.
3 ~ This reflects just as badly on you dad.

Normally, I'd say go get your son, but since the guardianship is in question, I will only say get an attorney.
He definitely needs an attorney.

I'm not sure how the mother assigning guardianship to the grandmother could possibly override Dad's rights.

I'd be in court getting a hearing as fast as I could for sole custody of the child. In fact, I would have done it years ago and asked for an emergency hearing. He's probably not going to get an emergency hearing now, but he can still request sole custody - and I can't see any reason he wouldn't get it.
 

bryantd9

Junior Member
He definitely needs an attorney.

I'm not sure how the mother assigning guardianship to the grandmother could possibly override Dad's rights.

I'd be in court getting a hearing as fast as I could for sole custody of the child. In fact, I would have done it years ago and asked for an emergency hearing. He's probably not going to get an emergency hearing now, but he can still request sole custody - and I can't see any reason he wouldn't get it.
Thanks for the Response.

? My son turns 18 in November doesn't that make him an adult? What would sole custody do for me then?
 

mistoffolees

Senior Member
Thanks for the Response.

? My son turns 18 in November doesn't that make him an adult? What would sole custody do for me then?
However, if he's still in high school, child support can continue until he graduates from high school, but no later than age 19.

I'm still trying to figure out how grandpa thinks he has custody when Dad's still in the picture - and why Dad lets him.
 

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