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  #1  
Old 09-02-2009, 03:58 PM
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Granddaughter moving to another state.


What is the name of your state (only U.S. law)? Kentucky
My daughter just recently got married to a guy that is in the Air Force and is stationed in New Mexico and she has a child with someone else. My daughter and The father of their child were never married, there is no visitation arrangement and he hasn't seen her in about a year. Is there anything that he can do to stop them from moving with the child? No one in the family wanted her to get married, because she had only dated him for about 3 months before he left for basic and then he was gone 8 months and about a week after he got home they got married. I was hoping that there was something that my husband and I could do to try and keep the baby here she is only 2 and her and her mother have lived with us since she was 3 months old. She is taking her away from all her family and everything that she has ever known, her daycare, the workers at her daycare, extended family members that she has formed a relationship with, to New Mexico where she will know no one, because it will just be the 3 of them. She is very attached to her papaw (my husband) and I know that this will break all our hearts. Is there anything we can do?
Thanks, Sad Nana in Kentucky

Last edited by SadNana; 09-02-2009 at 04:00 PM.
  #2  
Old 09-02-2009, 04:29 PM
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You will not be able to stop her from moving to another state with her child. Grandparents do not have any inherent legal rights to their grandchildren. Even if you were to sue her visitation (and you would only have a 50/50 chance of winning and I haven't looked up the statutes for KY) and win, she would still be able to move the child. Further you wouldn't be able to do much with the order if she didn't comply from another state.
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  #3  
Old 09-02-2009, 04:40 PM
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Quote:
Originally Posted by SadNana View Post
What is the name of your state (only U.S. law)? Kentucky
My daughter just recently got married to a guy that is in the Air Force and is stationed in New Mexico and she has a child with someone else. My daughter and The father of their child were never married, there is no visitation arrangement and he hasn't seen her in about a year. Is there anything that he can do to stop them from moving with the child? No one in the family wanted her to get married, because she had only dated him for about 3 months before he left for basic and then he was gone 8 months and about a week after he got home they got married. I was hoping that there was something that my husband and I could do to try and keep the baby here she is only 2 and her and her mother have lived with us since she was 3 months old. She is taking her away from all her family and everything that she has ever known, her daycare, the workers at her daycare, extended family members that she has formed a relationship with, to New Mexico where she will know no one, because it will just be the 3 of them. She is very attached to her papaw (my husband) and I know that this will break all our hearts. Is there anything we can do?
Thanks, Sad Nana in Kentucky
you can attend some therapy for your grief, be lovely and all smiles to mom about you flying out there to visit the baby under her supervision. don't step on mom's constitutional rights.
  #4  
Old 09-02-2009, 04:55 PM
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I would never try to stop her from going, this is something she has to learn on her own, being she is only 18 and has NEVER been away from home, she had the baby at 16. I don't want them to go but I know there is really nothing I can do. She is leaving her here while they get settled, since they don't even have housing yet that will take 1 to 3 months. What if she leaves her and decides not to come back to get her? What rights would we have then? Like I said before the father is not on the birth certificate and they have no custody agreement or visitation agreement is there anything that he can do? He hasn't seen her in over a year.
  #5  
Old 09-02-2009, 05:01 PM
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Quote:
Originally Posted by SadNana View Post
I would never try to stop her from going, this is something she has to learn on her own, being she is only 18 and has NEVER been away from home, she had the baby at 16. I don't want them to go but I know there is really nothing I can do. She is leaving her here while they get settled, since they don't even have housing yet that will take 1 to 3 months. What if she leaves her and decides not to come back to get her? What rights would we have then? Like I said before the father is not on the birth certificate and they have no custody agreement or visitation agreement is there anything that he can do? He hasn't seen her in over a year.
He could attempt to file custody/visitation/support and attempt to keep her here, but once again, if he's shown no interest, I don't know how far it would work. If she leaves the child with you and doesn't come back for her then you could attempt to file for custody.
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  #6  
Old 09-03-2009, 05:58 AM
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Quote:
Originally Posted by SadNana View Post
I would never try to stop her from going, this is something she has to learn on her own, being she is only 18 and has NEVER been away from home, she had the baby at 16. I don't want them to go but I know there is really nothing I can do. She is leaving her here while they get settled, since they don't even have housing yet that will take 1 to 3 months. What if she leaves her and decides not to come back to get her? What rights would we have then? Like I said before the father is not on the birth certificate and they have no custody agreement or visitation agreement is there anything that he can do? He hasn't seen her in over a year.
There is absolutely no reason why your daughter needs to leave the child with you for 1 - 3 months until they get "settled". If you have talked your daughter into doing that then you are not being a good parent or grandparent. You are thinking about yourself and not what is best for your daughter and grandchild. The military isn't going to leave them homeless.

You should be making sure that your daughter and her child are not separated for any period of time. You should not be trying to think of ways to bring an absentee father into the picture in order to prevent your grandchild from being moved.
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