need advice in ca

What is the name of your state? ca

A 16-year old girl had a baby boy in June 2004 (child is of mixed race)by my now 18 year old son (his birthday is in December) and because of her age, having no job and still in school she lives with her parents. Her parents refuses to let my son or me (grandmother) have anything to do with the baby. The 16-year old daughter says that she signed papers while in the hospital for emancipation but have no money and is still in school so she is dependent on her parents. She has had to sneak the baby over on 3 occasions but it is very stressful on her. Her father has been known to be abusive to her and her sister and she doesn't want to 'set him off'. I have called and spoke with her mother and was told that they do not want my son in the child's life because they do not like him. I have given the girl money for the child, but the parents found out and told her not to accept anything from his (my sons) family because they don't need our help or involvement in the child's life. The child has been sick since birth. I have told the daughter to have the child checked for several things that run in my family and it seems that the child is still sickly. I have tried to be patient with her parents hoping they will come around, but enough is enough. Due to the child always being sick it is time the both sides come together and figure out how to help this child. What are my rights as a maternal grandmother due to the other maternal grandparents not wanting my family to have anything to do with the child? It is not the girl but she is underage.

California does not have "grandparent visitation rights" but you always have the option of making a report to child protective services. You can also file for custody of the child if you feel neglect is occuring. As you know, lots and lots of grandparents are raising thier children's babies.

Your son can at anytime file a request for custody and visitation.

The only statement that concerned me in your post was why you felt it necessary to mention that the child in bi-racial.

I felt it important for repliers to somewhat understand (without going into detail) that the nature of the child's illnesses are due to him being bi-racial and a complete health/medical history should be obtained from both sides. I also mentioned due to if there are any grounds for legal action on my part due to her parents preferences.

It's possible I am without a clue but....I have never ever heard of an illness that had to be with being bi-racial. You are going to have to elaborate!!!

Honestly, you have no rights here; it's your son's baby. It is his responsibility to file for visitation, and as a precursor to that, a paternity test. That should get the ball rolling regardless of their "preference." Anyway, your son should also keep in mind that the mother will most likely file for support in return.

Good luck to you.

I reread your answer and I must say it concerns me!

king sol said:

I reread your answer and I must say it concerns me!

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Whose? Mine or the OP's? I really don't see how "mixing" races could create an illness, but maybe I'm just not well educated in that respect. Perhaps the OP will explain.

To hopefully help you understand, I am diagnosed with Sickle Cell and so is my son, it has now been passed on to his son. Thank you.

Isn't sickle cell an illness associated with African Americans? I have never heard it associated with being bi-racial.
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The child has Sickle Cell because he is half black and the disease is carried through my genes to his fathers. I believe the misunderstanding stems from me not clarifying that I did not mean to say that the term "bi-racial" mean every child of mixed race will have a disease of some kind. Again, I only brought this up as to show the ignorance of the mother's parents in alienating my son and his family and important health history that is important to the survival of this child. And also to gain advice on whether or not this was foundation enough to file suit or go another route in getting to be apart of the child's life.

Also, I looked on the internet in several places and it does seem like there are some kind of rights that Grandparents have in California. There seems to be a case taken to the Supreme Court (one lost in a lower court and then another won or was overturned by the Supreme Court). Do you have any knowledge of this that you can share with me?

You might be thinking of Troxell, but that won't help your situation. Even if you as grandparents were to get visitation, it probably wouldn't be for very much time. Really the ball here is in your son's court. He needs to file for paternity. He'll likely have to take a DNA test to prove he is the father, then he will file for visitation rights. Unless she can prove him "unfit" he will get visitation, and likely joint legal custody as well (joint legal means that he gets a say in all important issues in the child's life, school, medical, etc. He would also have access to all medical and school records without going through Mom or her family).

The only issue I see is the parent's ages, you said your son's birthday is in dec. and he just turned 18? Was he 18 when the child was conceived? There could be issues with that.

Basically get your son a lawyer. The fact that they were not married only matters with the decision of paternity, once he gets paternity settled in the eyes of the court, he will be the legal father, and he will be able to get visitation.

Of course, he will also be responsible for child support. Possibly back child support up to when the child was born as well as medical/birthing expenses.

rm1759 said:

You might be thinking of Troxell, but that won't help your situation. Even if you as grandparents were to get visitation, it probably wouldn't be for very much time. Really the ball here is in your son's court. He needs to file for paternity. He'll likely have to take a DNA test to prove he is the father, then he will file for visitation rights. Unless she can prove him "unfit" he will get visitation, and likely joint legal custody as well (joint legal means that he gets a say in all important issues in the child's life, school, medical, etc. He would also have access to all medical and school records without going through Mom or her family).

The only issue I see is the parent's ages, you said your son's birthday is in dec. and he just turned 18? Was he 18 when the child was conceived? There could be issues with that.

Basically get your son a lawyer. The fact that they were not married only matters with the decision of paternity, once he gets paternity settled in the eyes of the court, he will be the legal father, and he will be able to get visitation.

Of course, he will also be responsible for child support. Possibly back child support up to when the child was born as well as medical/birthing expenses.

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Which I already said.

The child was conceived when she was 15 and my son was 17. But, all in all, it doesn't look like I will be a part of his life because my son's attitude, so far, is that because he doesn't have money (only a part-time job and in school) to help support the child, he will not make waves. Thank you all very much for your advice.