mentally ill grandmother seeking granparents rights

[carrie34]

What is the name of your state (only U.S. law)? Ohio I am an unmarried mother and the father has NOT yet been genetically proven in court, and is currently incarcerated. His mother is threatening to seek grandparents rights at the urging of another man who helped raise her for 3 years and has recently been proven by DNA in court to not be the father, so that he may gain access to my child through the grandmother. The grandmother is on disability for being mentally unstable and heavily medicated. She also has 5 other grandchildren she does not see and has never sought rights to them. She has only had limited contact with my child in the past and has not seen her in several months. My child is 3 years old. How hard would it be for her to prove paternity since the father is incarerated? Do you think a judge would actually grant her grandparents visitation rights?

 

[Proserpina]

What is the name of your state (only U.S. law)? Ohio I am an unmarried mother and the father has NOT yet been genetically proven in court, and is currently incarcerated. His mother is threatening to seek grandparents rights at the urging of another man who helped raise her for 3 years and has recently been proven by DNA in court to not be the father, so that he may gain access to my child through the grandmother. The grandmother is on disability for being mentally unstable and heavily medicated. She also has 5 other grandchildren she does not see and has never sought rights to them. She has only had limited contact with my child in the past and has not seen her in several months. My child is 3 years old. How hard would it be for her to prove paternity since the father is incarerated? Do you think a judge would actually grant her grandparents visitation rights?

Has LEGAL paternity been established and/or disestablished?

That aside, Grandma has to overcome the burden that she's had limited contact with the child to begin with, none at all lately (and for a 3 year old that's important) and that there does not appear to be an intact bond between them.

I think she's blowing smoke.

If she does file something, please come back and we'll do our best to help you further.

One thing - do NOT agree to ANYTHING without a court order! No more visits, nothing.

 

[mistoffolees]

How hard would it be for her to prove paternity since the father is incarcerated?

Aside from Proserpina's answer, I don't think grandma can do anything to prove paternity since it doesn't involve her in any legal way.

The alleged father can certainly do so, but grandma doesn't have a legal right to be involved at this point.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio I am an unmarried mother and the father has NOT yet been genetically proven in court, and is currently incarcerated. His mother is threatening to seek grandparents rights at the urging of another man who helped raise her for 3 years and has recently been proven by DNA in court to not be the father, so that he may gain access to my child through the grandmother. The grandmother is on disability for being mentally unstable and heavily medicated. She also has 5 other grandchildren she does not see and has never sought rights to them. She has only had limited contact with my child in the past and has not seen her in several months. My child is 3 years old. How hard would it be for her to prove paternity since the father is incarerated? Do you think a judge would actually grant her grandparents visitation rights?

She has absolutely no standing whatsoever to file for GPV at this time. Legally, she is NOT the child's grandmother.

Now, if she could convince her son to file to establish paternity, and he does so, then she would have standing. However, standing to sue is not a guarantee of a win.

The whole thing would be quite expensive for her as well. If her only income is disability, its not very likely that she will actually follow through.