grandparent custody

[comegian]

Michigan. My daughter and grandson have lived with us since before his birth. His father (in name only) currently has no apparent desire to see the child and has given up parental rights. However my concern is what would happen if something happens to my daughter? As birth father would his legal claim (should he decide to press it) supercede my own. Could he possibly take my grandson away. what are my rights and how can I better protect my family.

 

[djohnson]

Michigan. My daughter and grandson have lived with us since before his birth. His father (in name only) currently has no apparent desire to see the child and has given up parental rights. However my concern is what would happen if something happens to my daughter? As birth father would his legal claim (should he decide to press it) supercede my own. Could he possibly take my grandson away. what are my rights and how can I better protect my family.

Has father actually terminated his parental rights? Is there a custody order for mom? If he is still the legal father then he would be able to take the child if something happened to mother. If there is no custody order and he is the legal father, he could take the child now as he has just as much rights as she does. Because they have been in your home, you would have a good fight for visitation if he wanted to fight. There are no guarantees in court.

 

[comegian]

Grandparent custody

Michigan, yes he has terminated all parental rights and yes she does have full custody. But my question remains what happens if something happens to my daughter. What steps can I take to protect my family? Can my wife and I be appointed legal guardians. Or do I just sit on my hands and hope that nothing comes of my concerns. Any ideas?

 

[Phnx02]

Michigan, yes he has terminated all parental rights and yes she does have full custody. But my question remains what happens if something happens to my daughter. What steps can I take to protect my family? Can my wife and I be appointed legal guardians. Or do I just sit on my hands and hope that nothing comes of my concerns. Any ideas?

Were his parental rights legally terminated by a court of law or are you claiming he's done this simply by not ever playing a role in his child's life? If his rights were legally terminated, then he no longer has any rights to the child whatsoever - now or in the future. Have your daughter draw up a living will and testament stating that if something happens to her - her death or otherwise unable to physically care for the child - that she wishes you to be the child's legal guardian and/or adopt the child.

 

[djohnson]

I have a hard time believing that the courts would terminate his parental rights when she is a single mother living at home and no one there to adopt. She can make her requests known and it give you some ground, but as long as he is the legal parent (rights not terminated legally) , then he has a claim on the child regardless of what mother requests.

 

[BelizeBreeze]

You keep saying 'yes, he terminated all parental rights..." and yet nowhere have you mention this was a court ordered termination signed by a judge. Until you come back and verify that fact, no one can help you.