Guardianship of grandson whom I’ve had since birth.

[Jessicas2020]

What is the name of your state?Missouri, Jasper County.
I have had my 4 yr old grandson since birth in 2020. His mother (my daughter) is willing to sign him over to me . The father is unknown, no father listed on the birth certificate. How do I go about getting full legal guardianship or custody of my grandson?

 

[zddoodah]

The father is unknown, no father listed on the birth certificate.

So...your daughter had sex with some guy, without birth control, without having any idea who he was?

How do I go about getting full legal guardianship or custody of my grandson?

Guardianship requires a court order. I suggest you retain the services of a local attorney to make sure everything is done correctly?

 

[Jessicas2020]

Well apparently she did.

 

[quincy]

What is the name of your state?Missouri, Jasper County.
I have had my 4 yr old grandson since birth in 2020. His mother (my daughter) is willing to sign him over to me . The father is unknown, no father listed on the birth certificate. How do I go about getting full legal guardianship or custody of my grandson?

If your daughter does not in fact know for a certainty who the father of her son is (which could be the case if she had multiple partners over a short period of time) and no one has in fact stepped forward to claim he is the father of the child, then you as petitioner must allege that the natural father is unknown.

If your daughter does know the identity of the father but does not know where he is, a request for service to the father by publication should be requested.

Because there are specific rules that must be followed and you don’t want to “mess up” anything and have your custody/guardianship challenged at a later date, it is recommended that you have an attorney assist you and your daughter.

 

[zddoodah]

Well apparently she did.

Apparently? It's going to matter because the court is going to require you to give notice to the father or explain why that's not possible.

 

[Jessicas2020]

Well he is de

Apparently? It's going to matter because the court is going to require you to give notice to the father or explain why that's not possible.

Apparently? It's going to matter because the court is going to require you to give notice to the father or explain why that's not possible.

He’s deceased, but thank you anyway.He’s deceased, but thank you anyway

 

[stealth2]

He’s deceased, but thank you anyway.

The father is unknown, no father listed on the birth certificate.

So, the father is known, but not on the birth certificate. What proof is there that he is the father - besides your daughter's word?

 

[adjusterjack]

His mother (my daughter) is willing to sign him over to me

A kid is not a used car. You don't just "sign him over."

smh.

 

[LdiJ]

Well he is de


He’s deceased, but thank you anyway.He’s deceased, but thank you anyway

Ok, then when the judge asks you about the father rather than saying that there is no dad on the birth certificate, you should be stating that the dad is deceased and never established paternity prior to his death.

 

[zddoodah]

The father is unknown

He’s deceased

So...in the span of 4 1/2 hours, he went from unknown to deceased. Please understand that this sort of thing negatively impacts credibility (and will do the same if you do it in court filings).

Regardless, please consult with and retain a local attorney.

 

[quincy]

If the father is said to be deceased, paternity still may (probably will) need to be established. This could require DNA testing of the father’s parent(s) or sibling(s).

As mentioned several times already, you and your daughter will want advice and direction from an attorney in Missouri.

We have on this forum an attorney who is licensed to practice law in Missouri. Although I don’t believe “TigerD” specializes in this specific area of law, I will tag him to see if he has any additional advice to offer. He does not have the opportunity to visit the forum frequently, so please be patient and check back later.

@TigerD

 

[LdiJ]

If the father is said to be deceased, paternity still may (probably will) need to be established. This could require DNA testing of the father’s parent(s) or sibling(s).

I know for a fact that that is incorrect.

As mentioned several times , you and your daughter will want advice and direction from an attorney in Missouri.

I agree with you and Zddoodah on that.

 

[quincy]

I know for a fact that that is incorrect. …

Proof?

If there has been no paternity established, and the purported father is deceased, there is still the chance that another man may come forward later.

 

[LdiJ]

Proof?

If there has been no paternity established, and the purported father is deceased, there is still the chance that another man may come forward later.

And if so, that man can raise a challenge at that time if he wishes to do so. This is not an adoption situation where an unknown parent's potential rights will be permanently severed. You are mixing up adoption and custody.

 

[quincy]

And if so, that man can raise a challenge at that time if he wishes to do so. This is not an adoption situation where an unknown parent's potential rights will be permanently severed. You are mixing up adoption and custody.

You are right. I was confusing custody/guardianship with adoption.