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Grandparents want custody in Utah. No DNA yet. Parents are addicts.. HELP

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huertn

New member
UTAH. Hello- I am writing this post for my parents. My parents are trying to get custody of my brother's son ( I will call him 'baby'). There has never been a DNA test. Both my brother and his then girlfriend are homeless. They both have drug addiction. I believe that the baby is in custody state , a foster mom. This foster mom has been taking care of baby since day one, she also takes care of another child that is of the ex girlfriend. (that second child is from another father, and she has another oldest who does live with the father only). We all reside in Utah, my parents work full time jobs but my mom is close to retirement age. (Or even I would fight for custody). My parents and I really want custody of the baby if he is indeed my nephew. Can someone please advise?
 
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Just Blue

Senior Member
UTAH. Hello- I am writing this post for my parents. My parents are trying to get custody of my brother's son ( I will call him 'baby'). There has never been a DNA test. Both my brother and his then girlfriend are homeless. They both have drug addiction. I believe that the baby is in custody state , a foster mom. This foster mom has been taking care of baby since day one, she also takes care of another child that is of the ex girlfriend. (that second child is from another father, and she has another oldest who does live with the father only). We all reside in Utah, my parents work full time jobs but my mom is close to retirement age. (Or even I would fight for custody). My parents and I really want custody of the baby if he is indeed my nephew. Can someone please advise?
How old is the child? Why do you think taking the child from a stable home, where she lives with her sibling, would be in her best interest?
 

FlyingRon

Senior Member
You don't get rights for being an uncle (or grandparent) and you don't have any rights to force a determination as to that relationship. Only the mother and the putative father have those rights. There's no way they're going to give you split custody with your parents.
 

huertn

New member
How old is the child? Why do you think taking the child from a stable home, where she lives with her sibling, would be in her best interest?
He is about two years old or so. Best Interest is with either grandparent home, not child services( temporary foster parent has him). I’m not sure what the legal name is. But my parents think that the baby will be placed in foster care if no one ‘claims’ the baby by then. THAT is also their concern .
 

huertn

New member
You don't get rights for being an uncle (or grandparent) and you don't have any rights to force a determination as to that relationship. Only the mother and the putative father have those rights. There's no way they're going to give you split custody with your parents.
The child’s parents are two drug addicts running the streets. My mother was told that if no one ‘claims’ the baby, the baby will be put up for adoption? This is why my parents and I wish to get an legal dna to see if my brother is the father . And if he is, we’d be the first ones there to see if my parents can get rights. ( I don’t want split custody- this post is for my parents ) do you have further advice please?
 

Zigner

Senior Member, Non-Attorney
The child’s parents are two drug addicts running the streets. My mother was told that if no one ‘claims’ the baby, the baby will be put up for adoption? This is why my parents and I wish to get an legal dna to see if my brother is the father . And if he is, we’d be the first ones there to see if my parents can get rights. ( I don’t want split custody- this post is for my parents ) do you have further advice please?
Your question was answered.
 

LdiJ

Senior Member
The child’s parents are two drug addicts running the streets. My mother was told that if no one ‘claims’ the baby, the baby will be put up for adoption? This is why my parents and I wish to get an legal dna to see if my brother is the father . And if he is, we’d be the first ones there to see if my parents can get rights. ( I don’t want split custody- this post is for my parents ) do you have further advice please?
The whole, "we want custody only if a DNA test says that my brother is the father", is the one reason why your parents or you won't be likely to get kinship placement. The state generally is not going to want to place children with someone on a conditional basis.

Your parents can certainly ask for kinship placement. I just don't think that they can add the conditional part.
 

FlyingRon

Senior Member
Again, Utah state law doesn't provide for paternity determinations by anybody other than the mother or the father. You won't force a paternity test to find out if the kid is biologically related to you.
 

Just Blue

Senior Member
The child’s parents are two drug addicts running the streets. My mother was told that if no one ‘claims’ the baby, the baby will be put up for adoption? This is why my parents and I wish to get an legal dna to see if my brother is the father . And if he is, we’d be the first ones there to see if my parents can get rights. ( I don’t want split custody- this post is for my parents ) do you have further advice please?
Do you know if the child had developmental issues due to mother taking drugs while pregnant? I am going to guess you don't know as you aren't even sure of the age of this child.
 
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