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Grandparent wants custody

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CMTPapa

Junior Member
What is the name of your state? MN

I also posted this in Grandparents rights, but I think it is more of a custody question.

I really need some help on this**************..
The story - My stepdaughter (she is 27, her mother and I have been married 19 years) is a felon (not currently incarcerated), addicted to street drugs and alcohol (is right now in detox), left her kids (boy 9 and girl 6, current ages) with us 2 years ago. when she went to the workhouse. We have a letter stating that we have custody in Educational and Health matters, but this is probably not a legal document. Previously the kids had moved from boyfriend to boyfriend, house to house, city to city. They were psycologically abused and physically abused.

When we took the kids in, I quit my job to be home for them. We got them into a stable environment, upscale suburban schools, got them involved in other activities and sports and have basically put our lives on hold for them. I am 53, my wife is 55. What was to be our "sunshine" years has now (more than willingly) transferred to raising a second family. The kids have now and probably for a long time will have ongoing phychological problem. Matthew's is his aggressivenes (which is being channeled into non destructive areas), Olivia at 6 still has "accidents". We are steadily going broke, because we are down to one income and have been using our savings to help support all of us.

Which leads to the current situation and need for advice --------
Matthews father has lately been making noise about custody of him. He is constantly asking Matthew questions that I can see are direct attempts to gain "evidence" of how unfit my daughter is. She is unfit, there is absolutely no question of that, but in the past he has stated that if she doesn't get her life in order he will seek custody. My question is this - What do I have to do to get legal, irrefutable custody? - I am really afraid that if there is a battle between natural parent and grandparent - the natural parent will win. Currently he has no "legal" rights to even take Matthew the few hours a month he visits. He was not involved in his birth and had no contact with Matthew until he was 4.

I know this is long and rambling, but I'm feeling really deperate right now. Can anyone help? I don't want to lose the kids, I really don't want them separated (different fathers), The kids are beginning to "shine". What steps should I take? Should I wait to be served custody papers? Help - please.What is the name of your state?
 


BL

Senior Member
By your own admittance , you have no legal right to the children .

If Dad does he can come and get Mathew at any time .

Why would you think you need to be served , if you have no legal rights ?
 

LdiJ

Senior Member
The reality of things is that if Mathew's father wants custody, and Mathew's father is not unfit by legal standards, is that Mathew's father is likely to get custody....no matter what you might do or not do legally.

Go get yourself a consult with a local attorney. That will give you a better idea of what may or may not be able to be done.

However....please understand that parents have constitutional rights where their children are concerned, and grandparents do not. The fact that Mathew's dad left things alone for two years may help you, it may not....you NEED the consult with a local attorney.
 

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