Grandma Needs Help

What is the name of your state? WV MY DAUGHTER HAD A BABY GIRL WITH HER BOYFRIEND. THE BABY WAS BORN IN JANUARY. I SUPPLIED THE HOUSE THEY CALLED HOME AND PAID ALL THE BILLS. THE FATHER LEFT IN APRIL AND HAS GOTTEN IN TROUBLE WITH THE LAW. HE HAS SEEN THE BABY TWICE SINCE HE LEFT AND THIS HAS BEEN IN THE LAST MONTH. HE IS GETTING READY TO BE SENT AWAY FOR FELONY CHARGES. MY PROBLEM IS THAT ALTHOUGH MY DAUGHTER IS WORKING MOST OF HER MONEY GOES TOWARD HOUSEHOLD EXPENSES, I PAY FOR EVERYTHING ELSE FOR MY GRANDDAUGHTER. I HAVE HER 5 NIGHTS OUT OF THE WEEK BECAUSE OF MY DAUGHTERS WORK SCHEDULE. THE OTHER GRANDMOTHER HAS HAD HER FOR THE WEEKEND 4 TIMES SINCE THIS CHILD HAS BEEN BORN. I SUPPLY ALL THE BABY'S SUPPLIES FOR THE TRIP( I WANT TO MAKE SURE SHE IS FED AND CLEAN). ANY WAY, QUESTION IS IF THERE IS ANYWAY TO GET THE RIGHTS FROM THE FATHER WHO HAS NEVER TOOK RESPONSIBILITY FOR THIS BABY. I DO NOT WANT TO WAIT TILL GOD FORBID SOMETHING HAPPENS TO MY DAUGHTER AND I RAISE THIS BABY FOR 5 YEARS AND DAD GETS OUT OF PRISON AND DECIDED TO TAKE THE BABY FROM ME. PLEASE HELP ME SETTLE MY MIND. MY DAUGHTERS BABY IS EVERYTHING TO ME SINCE I AM THE ONLY ONE(BESIDES MY DAUGHTER) SHE HAS. I DON'T MIND IF THE FATHER SEES HIS DAUGHTER HE JUST CAN'T TAKE CARE OF HER. HE HAS NEVER HELD A JOB IN FACT MADE THE STATEMENT TO ME THAT HE WOULDN'T EVER GET A PAYCHECK THAT THE STATE COULD GARNISH FOR CHILD SUPPORT

Hello..I have been going through a similar situation, my granddaughter is 17 months old now.

I hired an attorney and obtained legal guardianship of her. I know here in OK I was in court with some people/cases that represented themselves. There are even guardianship forms that can be picked up at the courthouse. My daughter signed the forms willingly giving me guardianship, it's the father I have been having problems with. He doesnt pay support, is constantly harrassing me (I now have a protective order) and has been charged with Felony larceny for theft from me.

Good luck. Call your courthouse or look them up on the pc and see if you could file w/o an attorney. You will need any proof/witnesses that it is in the best interest of the baby to remain with you legally until some miracle changes things in the future.

Bless you and give your grandbaby an extra big hug and kiss today

I Thank - You For The Advice. One Question Can The Father Still Get The Baby Now That You Have Guardianship. My Granddaughter Is 8 Months Old. I Know That He Wouldn't Want Her But, If It Was For Financial Gain He Would. Thanks Again

LPGRIME said:

I Thank - You For The Advice. One Question Can The Father Still Get The Baby Now That You Have Guardianship. My Granddaughter Is 8 Months Old. I Know That He Wouldn't Want Her But, If It Was For Financial Gain He Would. Thanks Again

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I don't believe that a guardianship would work for you. (at least not right now) You would need either the permission of both the mother and the father to have guardianship (and unless it was carefully structured by an attorney, it would also take away some of your daughter's rights, and I don't think you want that.) or you would need to have your daughter's consent, and prove the father unfit. That can be very complex and open the door for the father's relatives to challenge you.

If something were to happen to your daughter you could file for guardianship because you would no longer be worrying about your daughter's rights. A guardianship would not terminate the father's parent rights either, so it might be possible for the father to eventually get the guardianship revoked.

Plus, in all honestly, you are "borrowing trouble". Everything is well with your daughter and this will probably never be an issue for your family.

It would be a big help to know if there is a custody order in place now. (I edited after I saw the state is WV!)

If something happens to the original poster's daughter, that would be the time to take action and seek custody, not guardianship.

Sometimes, it's really hard to let our kids be parents, but it is not wise for a grandparent to usurp parental roles from their children. The baby's mom should be asking these questions, packing for visitation, etc., not the grandmother.

EC

Ellencee - There Are No Orders Right Now. I Doubt There Ever Will Be. The Fathers Family Is Not The Kind To Go To Court Unless They Have To. The Father's Parents Are Seperated And The Mother Is The Only One That Will See The Baby. His Father Is Involved In Drugs And Could Probably Care Less What Goes On. I Just Don't Want There To Be A Chance That These People Get The Baby.

LPGrime
I don't think you would have any problem if the need ever arose for you to seek custody. I researched WV's General Statutes, which are listed on the WV Legislative's page. You should find §48-9-206 very informative and comforting! The baby/child has lived with you since its birth (or over one year's time), so you are entitled to file for custody of the child. Even if the father filed for custody, WV law indicates a preference for the child to remain in its home with the adult(s) with whom it has been living and under whose care it has been.

It's so tempting show you a picture of my granddaughter! There is truly nothing like a grandchild, is there?!

EC

Ellencee- Call Me Dumb But, How Is It That I Find This Statue. I Have Looked On The Web But, I Am Not Sure Where To Go. Can You Help Me With This?

Follow this path:
http://www.legis.state.wv.us/
then, click "continue" in the middle of the upper page,
then, click "West Virginia Code" in the middle column,
then, use the drop down box under "TO BROWSE: SELECT CHAPTER ", select chapter 48 (it's way down the list), there are many sections of this chapter pertinent to your concerns, but section 9 seemed the most relevant.

I tried to copy and paste the exact page but I couldn't get it to open that way.

EC

In Louisiana a parent can lose their parental rights if they have not paid child suppert for six consecutive months. Search the internet for laws in your state pertaining to terminating parental rights.