Can a paternal Grandparent file for custody if child is not legimized father died

[Troy boy]

Has the paternal grandmother actually filed for custody, or is she just making noises about it? While you having guardianship of the child does murky the waters, no parent who is a minor is the major financial support of their own minor child. Its always the parent/legal guardian of the minor parent who is providing the majority of support, therefore paternal grandma's arguments are silly.

Also, the odds of a judge removing a child from the child's established home, a home in which the child's only parent also resides, are slim to none unless the home could be proven to be unfit.

Yes she has filed for custody.

My home has never been in question as being unfit.

It just amazes me that she can get an attorney to except her case or money when I don't think the law will support her case if I understand it right. The child has never been legitimized and the way I read it she has no legal claim on the child because he has never been legitimized. She tried everything in her power to keep us from proving paternity and now because we did she is seeking custody. She has never legally requested visitation btw. I really do not know what she is thinking because with her action it makes us view her as unfriendly and we have actually been taking him to see her almost every weekend because we felt bad about her son. It confuses me because we really have tried to keep her involved.

 

[LdiJ]

Yes she has filed for custody.

My home has never been in question as being unfit.

It just amazes me that she can get an attorney to except her case or money when I don't think the law will support her case if I understand it right. The child has never been legitimized and the way I read it she has no legal claim on the child because he has never been legitimized. She tried everything in her power to keep us from proving paternity and now because we did she is seeking custody. She has never legally requested visitation btw. I really do not know what she is thinking because with her action it makes us view her as unfriendly and we have actually been taking him to see her almost every weekend because we felt bad about her son. It confuses me because we really have tried to keep her involved.

Its time to lawyer up....and no need to be accomodating to grandma in the meantime. She needs to deal with the consequences of her actions.

 

[Troy boy]

Its time to lawyer up....and no need to be accommodating to grandma in the meantime. She needs to deal with the consequences of her actions.

I know, we are seeing one Monday.

When I was served along with the mother the court date was set and included in the paperwork. I was served Friday and the court date is Thursday of this coming week. There is another document included giving me 30 days to respond and list the usually what ifs and what will happen. Why give me 30 days to respond and only 5 days before I have to appear in court?

I came on this site to see if you guys could help me prepare for the questions I am sure will come up. It was very informative. Thank you

 

[LdiJ]

I know, we are seeing one Monday.

When I was served along with the mother the court date was set and included in the paperwork. I was served Friday and the court date is Thursday of this coming week. There is another document included giving me 30 days to respond and list the usually what ifs and what will happen. Why give me 30 days to respond and only 5 days before I have to appear in court?

I came on this site to see if you guys could help me prepare for the questions I am sure will come up. It was very informative. Thank you

It sounds to me like grandma's attorney got a court date set before serving you. If so, the attorney you hire should be able to take care of that.

 

[Ohiogal]

It sounds to me like grandma's attorney got a court date set before serving you. If so, the attorney you hire should be able to take care of that.

Many courts set dates at time of filing. That is a common practice. If she cannot attend, she can request a continuance.

 

[Troy boy]

It sounds to me like grandma's attorney got a court date set before serving you. If so, the attorney you hire should be able to take care of that.

They did. Because it was filed before the paperwork was served. Can they do that legally?

Actually the court date was set after the other papers was file. It was filed by her attorney on the 27th after he filed the paperwork to give me 30 days after being served two weeks before that. Then he had it served as a package on the 28th.

 

[Ohiogal]

They did. Because it was filed before the paperwork was served. Can they do that legally?

I won't repeat myself. Just read my prior post.

 

[Troy boy]

I won't repeat myself. Just read my prior post.

Sorry I did find it after I had posted. I edited my post to include the way it was filed. Thanks

It's not important as you said. If my attorney feels the need he can just ask for a continuance.

 

[Ohiogal]

Sorry I did find it after I had posted. I edited my post to include the way it was filed. Thanks

It's not important as you said. If my attorney feels the need he can just ask for a continuance.

Which is what I said.

 

[MagsBay]

Can A Paternal GP

The Paternal GP must prove that his/her son was the father of the child. It is their burden of proof, not yours.

They must go through the motions of proving same, not you. And certainly not you to disprove it.

 

[Proserpina]

The Paternal GP must prove that his/her son was the father of the child. It is their burden of proof, not yours.

They must go through the motions of proving same, not you. And certainly not you to disprove it.

Why are you responding to an old thread?

 

[TheGeekess]

The Paternal GP must prove that his/her son was the father of the child. It is their burden of proof, not yours.

They must go through the motions of proving same, not you. And certainly not you to disprove it.

Necroposting is frowned upon in this forum.