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08-27-2009, 12:19 AM
| | Junior Member | | Join Date: Aug 2009
Posts: 3
| | | What can we do tomprotect our grandchildren? My State TEXAS We, grandparents have been raising our granddaughter since she was born. We provide 100% support for her. In April our daughter left her spouse due to long term abuse, her divorce is pending. She was granted custody of her son her spouse was granted supervised visitation, which to date has not happened. Nither her soon to be x or any member of his family has ever called to check on his son or attempted to visit. My wife and I provide all his support as well. Our daughter recently moved out and visits sometimes, but when she is here she really has no interest in her children and leaves just as soon as she can get away. It may be days before we hear from her. She was in rehab last year for prescription drug addiction, receive 2 dui's and is currently on probation for 3 years. Her soon to be x is a convicted felon and will soon be going to prision. We are afraid that if he finds out our daughter is not here he will try to get his son. *almost 3) How can we protect our grandson and prevent him from being taken away? We do have two letters one from our daughter and her husband granting guardianship of their son to us until all their legal issus are resolved. and one from my daughter stating the same about our granddaughter. HE is not her father, her father is not now nor ever been in the picture. Please advise us on our legal rights.
Last edited by abbiandi; 08-27-2009 at 12:28 AM.
Reason: left out my state
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08-27-2009, 12:36 AM
| | Senior Member | | Join Date: Nov 2007
Posts: 8,544
| | Quote:
Originally Posted by abbiandi My State TEXAS We, grandparents have been raising our granddaughter since she was born. We provide 100% support for her. In April our daughter left her spouse due to long term abuse, her divorce is pending. She was granted custody of her son her spouse was granted supervised visitation, which to date has not happened. Nither her soon to be x or any member of his family has ever called to check on his son or attempted to visit. My wife and I provide all his support as well. Our daughter recently moved out and visits sometimes, but when she is here she really has no interest in her children and leaves just as soon as she can get away. It may be days before we hear from her. She was in rehab last year for prescription drug addiction, receive 2 dui's and is currently on probation for 3 years. Her soon to be x is a convicted felon and will soon be going to prision. We are afraid that if he finds out our daughter is not here he will try to get his son. *almost 3) How can we protect our grandson and prevent him from being taken away? We do have two letters one from our daughter and her husband granting guardianship of their son to us until all their legal issus are resolved. and one from my daughter stating the same about our granddaughter. HE is not her father, her father is not now nor ever been in the picture. Please advise us on our legal rights. | where is the father of the granddaughter? has paternity ever been established? how old is she? was guardianship granted with a judge's signature?
parents have more constutitional rights then grandparents. that's a legal fact.
the guardianship for grandson, doesn't seem to be an issue if both parents agree. | 
08-27-2009, 12:42 AM
| | Junior Member | | Join Date: Aug 2009
Posts: 3
| | my daughter is her legal parent but my granddaughter came home from the hospital into our home and has been with us ever since, the father of granddaughter is married with a son of his own he knows about her but has never tried to contact us has never seen or supported her he is not named on birth certificate and no paternity has never been established. he is not interested in her she will soon be 6 Quote:
Originally Posted by IsabellaSoriano where is the father of the granddaughter? has paternity ever been established? how old is she? was guardianship granted with a judge's signature?
parents have more constutitional rights then grandparents. that's a legal fact.
the guardianship for grandson, doesn't seem to be an issue if both parents agree. |
Last edited by abbiandi; 08-27-2009 at 12:45 AM.
Reason: mis spelled words
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08-27-2009, 12:44 AM
| | Senior Member | | Join Date: Nov 2007
Posts: 8,544
| | Quote:
Originally Posted by abbiandi f, my daughter is her legal parent but my granddaughter came home from the hospital into our home and has been with us ever since,ather of granddaughter is married with a son of his own he knows about her but has never tried to contact us has never seen or supported her he is not named on birth certificate and no paternity has never been established. he is not interested in her she will soo be 6 | dad of granddaughter will need to be served. you can't skip that part. | 
08-27-2009, 12:57 AM
| | Junior Member | | Join Date: Aug 2009
Posts: 3
| | | he does not want to be served and is not interested in paternity as my daughter was a victim of date rape where some type of drug was used he does not want to find out if he is the father as he does not want to be responsible for any child support he could be responsible for, also my daughter is not sure she only thinks it could be this guy and she never reported it to police which is why birth certificate says unknown where fathers name would be.
My daughter was at a party did not know anyone she had a drink next thing she knew is was the next day and she was naked in an apartment on the floor there were several guys passed out on the floor. she was embarrassed, got dressed and left she did not tell us what happened until she found out she was pregnant approx 2 months later. the fact he does not want to be served says to us he was one of the guys that had his way with her but as stated there were several guys passed out and naked at the time. my daughter ran into him and she said he was somewhat nervous about their encounter she asked him what his role was he didnt reply except to say he just married was having a son and did not want his family or his new wife to know anything about it or my granddaughter,
Last edited by abbiandi; 08-27-2009 at 01:04 AM.
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08-27-2009, 07:15 AM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 31,781
| | Quote: |
he does not want to be served and is not interested in paternity as my daughter was a victim of date rape where some type of drug was used he does not want to find out if he is the father as he does not want to be responsible for any child support he could be responsible for, also my daughter is not sure she only thinks it could be this guy and she never reported it to police which is why birth certificate says unknown where fathers name would be.
| So did your daughter report the rape? If not then it is JUST a story and matters not. Dad GETS SERVED whether he wants to be served or not. YOU would have to serve him and most likely do a John Doe serving in order to sue for custody of your granddaughter. Why? Because the law and Constitution demand it. The rights of the parents MUST be protected. Quote: |
My daughter was at a party did not know anyone she had a drink next thing she knew is was the next day and she was naked in an apartment on the floor there were several guys passed out on the floor. she was embarrassed, got dressed and left she did not tell us what happened until she found out she was pregnant approx 2 months later.
| Your drug addict daughter says she was drugged and she has no proof of that. Daddy maybe gets served. Quote: |
the fact he does not want to be served says to us he was one of the guys that had his way with her but as stated there were several guys passed out and naked at the time.
| So it could be any of the naked guys. Your daughter doesn't know and she has no proof of rape. HE would need served and John Doe would also need served. Quote: |
my daughter ran into him and she said he was somewhat nervous about their encounter she asked him what his role was he didnt reply except to say he just married was having a son and did not want his family or his new wife to know anything about it or my granddaughter,
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And? What he wants doesn't matter. SERVICE ON the PUTATIVE FATHER or FATHERS MUST HAPPEN. A little thing called the Constitution requires it in order to comply with protection of due process rights.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in. Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.
Licensed to practice law in Ohio and a Guardian Ad Litem for children
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