Can a paternal Grandparent file for custody if child is not legimized father died

[Troy boy]

What is the name of your state (only U.S. law)? Georgia

I am the maternal grandparent of a 10 month old child born to a 17 year old mother and the father died before the child was born and never legitimized him. The mother and her child live in my home and I am their support system financially. I was the one who supported her when she went though a difficult pregnancy where the child was diagnosed as not being viable and would not survive the birth. I have been both financial and emotional support system for both until he is now 10 months old. The father died before child birth and never legitimized the child. We do have dna proof but the paternal grandmother has not been given the proof legally and the mother or myself as his guardian never gave her permission to do a legal dna test. The courts also never ordered the test to be done.

 

[Proserpina]

What is the name of your state (only U.S. law)? Georgia

I am the maternal grandparent of a 10 month old child born to a 17 year old mother and the father died before the child was born and never legitimized him. The mother and her child live in my home and I am their support system financially. I was the one who supported her when she went though a difficult pregnancy where the child was diagnosed as not being viable and would not survive the birth. I have been both financial and emotional support system for both until he is now 10 months old. The father died before child birth and never legitimized the child. We do have dna proof but the paternal grandmother has not been given the proof legally and the mother or myself as his guardian never gave her permission to do a legal dna test. The courts also never ordered the test to be done.

Is Mom unfit?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Georgia

I am the maternal grandparent of a 10 month old child born to a 17 year old mother and the father died before the child was born and never legitimized him. The mother and her child live in my home and I am their support system financially. I was the one who supported her when she went though a difficult pregnancy where the child was diagnosed as not being viable and would not survive the birth. I have been both financial and emotional support system for both until he is now 10 months old. The father died before child birth and never legitimized the child. We do have dna proof but the paternal grandmother has not been given the proof legally and the mother or myself as his guardian never gave her permission to do a legal dna test. The courts also never ordered the test to be done.

Legally how do you believe you have ANY say over the baby? How did you do a DNA test on the baby to determine paternity?

 

[LdiJ]

What is the name of your state (only U.S. law)? Georgia

I am the maternal grandparent of a 10 month old child born to a 17 year old mother and the father died before the child was born and never legitimized him. The mother and her child live in my home and I am their support system financially. I was the one who supported her when she went though a difficult pregnancy where the child was diagnosed as not being viable and would not survive the birth. I have been both financial and emotional support system for both until he is now 10 months old. The father died before child birth and never legitimized the child. We do have dna proof but the paternal grandmother has not been given the proof legally and the mother or myself as his guardian never gave her permission to do a legal dna test. The courts also never ordered the test to be done.

A paternal grandparent has no relationship to a child and cannot sue for custody or visitation of the child at all unless paternity has been established. However, there are ways that paternity could get legally established even if the father is deceased.

Even if paternity has been established, a grandparent cannot sue for custody unless there is a basis for suing for custody. Mom would have to be legally unfit, and even then, the paternal grandparent would have less chance of winning if the child has been raised in the maternal grandparent's home and the maternal grandparent was the other possible custodian.

 

[TheGeekess]

Self-help legal resources


For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions.

www.fultonfamilydivision.com This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

www.co.dekalb.ga.us/dekalbflic This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

http://sca.cobbcountyga.gov/familylaw_workshop.htm This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

http://production.albany.ga.us/law_library/LL_forms_family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

www.hallcounty.org/judicial/jud_FLIC&GAL.asp This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

http://www.appfamilylawcenter.org/ This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

www.LegalAid-Ga.org This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

A list of the Georgia Superior Court Clerks for every county is on this web site: www.gsccca.org.

http://tinyurl.com/2ue6rdk

 

[dannyt]

What is the name of your state (only U.S. law)? Georgia

I am the maternal grandparent of a 10 month old child born to a 17 year old mother and the father died before the child was born and never legitimized him. The mother and her child live in my home and I am their support system financially. I was the one who supported her when she went though a difficult pregnancy where the child was diagnosed as not being viable and would not survive the birth. I have been both financial and emotional support system for both until he is now 10 months old. The father died before child birth and never legitimized the child. We do have dna proof but the paternal grandmother has not been given the proof legally and the mother or myself as his guardian never gave her permission to do a legal dna test. The courts also never ordered the test to be done.

just because you support your grandchild financially doesnt mean you have rights to that child. you dont.unless mom agrees or you can prove her unfit you wont be getting custody.you are not this child's legal guardian. your daughter is.

 

[Troy boy]

just because you support your grandchild financially doesnt mean you have rights to that child. you dont.unless mom agrees or you can prove her unfit you wont be getting custody.you are not this child's legal guardian. your daughter is.

I am his Legal Guardian. The mother gave that to me. We filed the paper work 3 months ago and the paternal grandmother is aware.

No he has not been legitimized. The mother will not consent to it at this time. The mother is not unfit and is my granddaughter and we are on very good terms. She resides in my home along with the child. She is a high school senior student and is expected to graduate with her class this year on time and will then be going to college. We are a family unit and I have been the only one to support the mother and the child during a very risky pregnancy which the paternal grand parent walked away from because she was told by one fetal specialist that the baby would not make it though birth. She had no contact with him for 4 months after his birth and refused to acknowledge him as her grandchild until I was able to help the mother get a dna test done from a third party which proved paternity so the child would qualify for death benefits though worker comp. That case is still pending. The money that is going to be awarded from this case is already set up to go into an education trust for the child by the mother and myself.

The only dna test was done is legal and the paternal grandmother was not given a copy of the test by us. The mother has not consented to let the paternal grandmother have her own test done and neither have I as his guardian.

I say she has no standing legally because the child has never been legitimized. dna proves paternity, but does not legitimize the child. Because the father is no longer living it has to go before the Superior Court to do so and the mother has to be notified before hand and there are documents she has to sign. That has not happened.

 

[ecmst12]

Why on earth does the child need you to be the guardian? Mom lives with the child in your home, why would you not tell mom to be a mother and take responsibility for her own child? It wouldn't mean you couldn't still help and support them, but mom would retain the legal responsibilities which would help her become independent in the future.

 

[stealth2]

The mother is not unfit and is my granddaughter and we are on very good terms.

So, just for clarity, you are actually the child's great-grandmother?

 

[Troy boy]

So, just for clarity, you are actually the child's great-grandmother?

Yes the maternal great-grandmother and the mother was raised by me.

 

[Ohiogal]

Why on earth does the child need you to be the guardian? Mom lives with the child in your home, why would you not tell mom to be a mother and take responsibility for her own child? It wouldn't mean you couldn't still help and support them, but mom would retain the legal responsibilities which would help her become independent in the future.

Because this allows great grandma to sneak in and steal the baby permanently. Mom apparently is unsuitable to parent (if she weren't, guardianship to someone else would not be necessary) -- she needs to go to all the senior year activities and that is more important than raising the child she birthed.

Gotta love how great-grandma doesn't beleive that dad's mom should see the child. But hey as long as they get MONEY for the child through dad that is all that matters -- his family doesn't need any relationship with the child.

 

[Troy boy]

Because this allows great grandma to sneak in and steal the baby permanently. Mom apparently is unsuitable to parent (if she weren't, guardianship to someone else would not be necessary) -- she needs to go to all the senior year activities and that is more important than raising the child she birthed.

Gotta love how great-grandma doesn't believe that dad's mom should see the child. But hey as long as they get MONEY for the child through dad that is all that matters -- his family doesn't need any relationship with the child.

This statement is untrue.

It was done so the child would have insurance. My company will not add anyone unless I have guardianship or I adopt. So we did guardian. As for stealing the baby it's not going to happen. The mother is still very active in being responsible for the child and they have bonded. It has nothing to do with activities it has everything to do with being responsible completing her education and making sure her child has the best medical care possible without I may add sponging off the government.

No one has never said the dad's mom was not seeing the child. She actually has pretty good visitation which is not court ordered. Any money coming from the dad's death benefit is being put away for the child in a trust for his education and can not be removed until he is eighteen so there will be no money for the mother from the dad. The mother will be the sole supporter of the child after she gets the college degree she is focused on getting. Is there senior activities? Yes she is not dead so she did attend Homecoming, but so far that is the only senior activity offered this year. Also don't even go at it about Social Security benefits because the father never worked enough to earn that so there is none.

Her claim is in fact the mother does not have the means to provided for the child financially and she does not make sure he receives medical care. Both are not valid and the mother has documented proof she does both.

You still need to address the question I asked.

 

[Ohiogal]

This statement is untrue.

Actually it isn't untrue. It is very true. Unless mom is not suitable to raise HER child, guardianship to someone else would not be necessary. MOM decided she was unsuitable. Because she decided that, paternal grandparents could also sue for custody because mom is unsuitable -- upon her own admission.

It was done so the child would have insurance. My company will not add anyone unless I have guardianship or I adopt. So we did guardian.

Mom could have applied for medicaid for the baby.

As for stealing the baby it's not going to happen. The mother is still very active in being responsible for the child and they have bonded. It has nothing to do with activities it has everything to do with being responsible completing her education and making sure her child has the best medical care possible without I may add sponging off the government.

Actually not according to the law. Guardianship to someone other than the parent is done when the court views the parent as unsuitable -- or when the parent admits to being unsuitable.

No one has never said the dad's mom was not seeing the child. She actually has pretty good visitation which is not court ordered. Any money coming from the dad's death benefit is being put away for the child in a trust for his education and can not be removed until he is eighteen so there will be no money for the mother from the dad. The mother will be the sole supporter of the child after she gets the college degree she is focused on getting. Is there senior activities? Yes she is not dead so she did attend Homecoming, but so far that is the only senior activity offered this year. Also don't even go at it about Social Security benefits because the father never worked enough to earn that so there is none.

You are missing the point.

Her claim is in fact the mother does not have the means to provided for the child financially and she does not make sure he receives medical care. Both are not valid and the mother has documented proof she does both.

Actually her claim is valid. Mother is NOT providing for the child. She has admitted she is unsuitable and therefore you have guardianship.

You still need to address the question I asked.

I don't NEED to do anything.

 

[LdiJ]

This statement is untrue.

It was done so the child would have insurance. My company will not add anyone unless I have guardianship or I adopt. So we did guardian. As for stealing the baby it's not going to happen. The mother is still very active in being responsible for the child and they have bonded. It has nothing to do with activities it has everything to do with being responsible completing her education and making sure her child has the best medical care possible without I may add sponging off the government.

No one has never said the dad's mom was not seeing the child. She actually has pretty good visitation which is not court ordered. Any money coming from the dad's death benefit is being put away for the child in a trust for his education and can not be removed until he is eighteen so there will be no money for the mother from the dad. The mother will be the sole supporter of the child after she gets the college degree she is focused on getting. Is there senior activities? Yes she is not dead so she did attend Homecoming, but so far that is the only senior activity offered this year. Also don't even go at it about Social Security benefits because the father never worked enough to earn that so there is none.

Her claim is in fact the mother does not have the means to provided for the child financially and she does not make sure he receives medical care. Both are not valid and the mother has documented proof she does both.

You still need to address the question I asked.

Has the paternal grandmother actually filed for custody, or is she just making noises about it? While you having guardianship of the child does murky the waters, no parent who is a minor is the major financial support of their own minor child. Its always the parent/legal guardian of the minor parent who is providing the majority of support, therefore paternal grandma's arguments are silly.

Also, the odds of a judge removing a child from the child's established home, a home in which the child's only parent also resides, are slim to none unless the home could be proven to be unfit.

 

[Troy boy]

Actually it isn't untrue. It is very true. Unless mom is not suitable to raise HER child, guardianship to someone else would not be necessary. MOM decided she was unsuitable. Because she decided that, paternal grandparents could also sue for custody because mom is unsuitable -- upon her own admission.


Mom could have applied for medicaid for the baby.

Actually not according to the law. Guardianship to someone other than the parent is done when the court views the parent as unsuitable -- or when the parent admits to being unsuitable.



You are missing the point.



Actually her claim is valid. Mother is NOT providing for the child. She has admitted she is unsuitable and therefore you have guardianship.

I don't NEED to do anything.

Let's just say your point's are valid. Then I am the guardian. Why is she not just petitioning custody from me. None of this stuff about the mother pertains to me as I am now the guardian. Just because she gives me guardianship does not mean she is admitting any of the above. It is documented on the petition and none of the above reasons apply. Medical insurance is one and financial responsibility is the other and it is to the mother and not me.

The mother is passing all of her classes in school. Attended summer school and received enough credits in order to be senior and graduate this year. Never been arrested for drugs or fighting or abuse. Her only crime it seems is she has no income and is very well liked in school by her teachers and peers. Does that make her unfit? The only place the mother and child can remain in an intact family unit is in my home. The paternal Grandmother has no interest in that. She in fact refused to do a dna test at the time the child was born. It was her choice not to see the child until I paid for the dna test when the child was four months and the paternal grandfather did it for the child. He will testify to it in court and it is document that she refused via her attorney. Also I can tell you she has never picked him up for visitation or transported him back. I invited her here to visit she declined. So we take him to her and pick him up.

Medicaid, you realize you are limited on what Doctor's will except medicaid so your choice is limited on if you can get the best doctors care.

It makes me wonder also how the paternal grandparent can site financial when the paternal grandparent is receiving food stamps and has not had a paying job for the last 5 years. She lives off the child support her ex husband gives her and her mother pays all her other bills. It will be interesting to see if she can prove she is more financially able to support the child. Also she has a 14 year old son that can no longer attend school because he got kicked out and he is being home schooled by her in her home. He broke into a liquor store and stole liquor and is still on probation for that. I would think her mothers money would be better spent seeking counseling for him.

Sorry, I just meant I want you to answer my original question on if she can legally sue without the child being legitimized.