grandparents as guardians

[JaneyS4]

What is the name of your state? ga

Here's the senario: Mom and dad have no custody, child support or visitation agreement. Dad sees daughter every weekend. Mom's parents have legal guardianship. Who does dad have to take to court for custody, mom or grandparents?

 

[coosi]

Here's the senario: Mom and dad have no custody, child support or visitation agreement. Dad sees daughter every weekend. Mom's parents have legal guardianship. Who does dad have to take to court for custody, mom or grandparents?"

Neither. In the first place, it's highly unlikely that Dad will get custody. He doesn't take anyone to court. The state is in charge at this point. He has to basically take custody from the state. The burden in now on him to prove his fitness as a parent. Very difficult IMO.

Why doesn't dad or mom have custody, pay child support or have a visitation agreement anyway? There's obviously a good reason the state had to step in to separate this family...

I'll say it again...the poor kids...

 

[JaneyS4]

You shouldn't assume...

The state had nothing to do with it. Mom signed legal guardianship over to grandparents. She also lives in the same house with daughter. Mom and dad were never married and there was no paternity test. Dad has never been recognized legally.

He's in the process of starting all that now. And before someone on here jumps me about what he should or shouldn't have done, its not my kid or my husbands kid. Its a friend, and yes, I know he should have done all this alot sooner, etc, etc, etc....but he didn't. He's grown up alot and is trying to do the right thing now and "should haves" don't help.

This is one of the things I hate about this site. Its says be brief, if you type out a long post, people complain, but if you don't put it ALL in there, people make assumptions because they don't know the whole story. How exactly do you go from hearing that grandparents have guardianship to assuming the state took the kids away? Seems like a big leap to me.

So, for clarification, Dad does pay support, and he does see his daughter, there just is no legal agreement. He was not recognized in court as legal father so he had nothing to do about the guardianship being signed over to grandparents, which mom did of her own free will.Dad couldn't afford to raise his daughter his self until this time, and they let him see her, so he didn't push the issue of court papers. Now he has a good job, a house, and a stable life for his daughter, which he has worked determinedly to get since she was born. So he wants to raise his kid since her mother doesn't seem to be interested in doing so. Is it incorrect to assume that a parent should be doing that, not a grandparent?

 

[BL]

He was not recognized in court as legal father so he had nothing to do about the guardianship being signed over to grandparents
[ QUOTE ]

Why wasn't DAD not recognized in Court as the Father ?

What DAD needs to do is if he wants Custody is File a Petition For Custody .

Even though Guardianship was awarded to Grands , the mother did not give up her legal rights. Dad does have rights. Just because their is no established Court order , does not mean a Parent has no rights.

In your Petition site the Facts that DAD wasn't given the opportunity or notice of the petition for Guardianship, and you are now seeking Custody.

If MOM lied on her filings it could be a misdemeanor crime.

Name both mom & Grand as respondents .

 

[JaneyS4]

Why wasn't DAD not recognized in Court as the Father ?

Because they never went to court to name him as legal father, and the guardianship was turned over via a lawyer and the mom and grands, with no court involved.

Name both mom & Grand as respondents

THAT is the answer to the question I ASKED. Thanks.

 

[BL]

Why wasn't DAD not recognized in Court as the Father ?

Because they never went to court to name him as legal father, and the guardianship was turned over via a lawyer and the mom and grands, with no court involved.

Name both mom & Grand as respondents

THAT is the answer to the question I ASKED. Thanks.

#1 ) A Judge would have had to sign the guardianship Order , a Lawyer can- not Order anything .

#2 ) Is DAD recognized any other way of being the Father of this Child ? If so Paternity does not need to be establish .
If not Paternity would have to be established.

MOM or Grands may dispute Fatherhood, unless it has previously been well Established.

My suggestion: At least get a consult from a Family Law Lawyer for a small fee.

 

[coosi]

This is one of the things I hate about this site. Its says be brief, if you type out a long post, people complain, but if you don't put it ALL in there, people make assumptions because they don't know the whole story. How exactly do you go from hearing that grandparents have guardianship to assuming the state took the kids away? Seems like a big leap to me."

If you don't state all the relevant information, you'll need to pay $1.99 a minute at the Psychic Network for your answers. Because, see, the advice here is FREE.

My advice to you is simple, if you hate the site, leave...

 

[JaneyS4]

Listen, IF the state had taken the child from her parents, I WOULD have stated so. But that was not the case, so I did not state so. YOU pulled that one out of the air, not me. Am I supposed to state what is NOT going on as well as what is?

I've been on this site quitea while, if you'll notice on my member profile on theside of this post, and its not the site I hate, its some of the know-it-alls on it!

Im glad I don't have to pay that 1.99 per minute to you, cause evidently your psychic abilities are lacking....All I wanted was the answer to a question, instead I got alot of wrong ass-umptions.

 

[stealth2]

This is one of the things I hate about this site. Its says be brief, if you type out a long post, people complain, but if you don't put it ALL in there, people make assumptions because they don't know the whole story. How exactly do you go from hearing that grandparents have guardianship to assuming the state took the kids away? Seems like a big leap to me."

If you don't state all the relevant information, you'll need to pay $1.99 a minute at the Psychic Network for your answers. Because, see, the advice here is FREE.

My advice to you is simple, if you hate the site, leave...

Janey has a point. It's a fine line between too little info and too much. And the fact remains that you made a HUGE leap based on incorrect assumptions.

 

[JaneyS4]

stealth:

Thank you for recognizing that!

 

[stealth2]

LOL I kept going back this morning, trying to figure out where the state came into the picture but figured I'd leave it alone. Just didn't like the snotty comeback, to be honest.

 

[Lil Miss Smarty Panties]

OH man...I want to be so nosy right now with you "stealth" LOL

I bet you know what I mean.


Hi Janey! How's the neice?

 

[stealth2]

LMSP I think I do. Events required camouflage.

 

[JaneyS4]

Hiya girlfriend, long time no see! Who are all these "people" on here?

Niece is excellent, thanks! And your kids?

 

[stealth2]

Hiya girlfriend, long time no see! Who are all these "people" on here?

Janey... I just had to change my stripes, if that helps.