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my daughter's grandparents trying to get full custody

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  • my daughter's grandparents trying to get full custody

    So the mother is basically out of the picture, she signed over her rights to the daughter as temporary custody to the grandparents for a year. The mother is also an assumed drug addict, who left for another man after the baby was born.due to my work schedule I was having a hard time so the grandparents offered to step in for a while to help out in taking care of the grandchild until I could get on my feel and be able to appropriately take care of her. Now they are trying to turn things around and get full custody. What are their rights, having only temporary custody? They are saying I can't see my daughter at all until this is all settled. What options do I have?

  • #2
    re: my daughter's grandparents trying to get full custody

    I wish to inform you that generally parents have a right to have child custody instead of grandparents. Granting of temporary custody may not stop parent from meeting with child. Court may grant child custody to parent unless it affects welfare of child. Court considers best interest of child as main consideration and thus parent may have to show to court that best interest will not be affected.

    AFF

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    • #3
      Re: my daughter's grandparents trying to get full custody

      Usually, a biological parent's rights are superior to everyone else’s. However, the Judge will consider what is in the children's best interest. The courts will favor the parent as long as they are fit. Therefore, you should immediately hire an attorney and file a petition for child custody in court. Based on the limited facts you have provided, I believe you have a good chance to obtain the custody of your child.

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      • #4
        Re: my daughter's grandparents trying to get full custody

        Originally posted by kyleglasscock1 View Post
        So the mother is basically out of the picture, she signed over her rights to the daughter as temporary custody to the grandparents for a year. The mother is also an assumed drug addict, who left for another man after the baby was born.due to my work schedule I was having a hard time so the grandparents offered to step in for a while to help out in taking care of the grandchild until I could get on my feel and be able to appropriately take care of her. Now they are trying to turn things around and get full custody. What are their rights, having only temporary custody? They are saying I can't see my daughter at all until this is all settled. What options do I have?
        mom's rights are not transferable to anyone else, and besides you should have been involved in this from the begining, your consent would have been needed. was this court ordered or did mom just sign a piece of paper? if so the grandparents dont have custody and they can get in trouble for refusing to allow you to take the child. please talk to a lawyer and i hope everything works out for you

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        • #5
          Re: my daughter's grandparents trying to get full custody

          Originally posted by kyleglasscock1 View Post
          So the mother is basically out of the picture, she signed over her rights to the daughter as temporary custody to the grandparents for a year. The mother is also an assumed drug addict, who left for another man after the baby was born.due to my work schedule I was having a hard time so the grandparents offered to step in for a while to help out in taking care of the grandchild until I could get on my feel and be able to appropriately take care of her. Now they are trying to turn things around and get full custody. What are their rights, having only temporary custody? They are saying I can't see my daughter at all until this is all settled. What options do I have?
          A parent's rights are paramount over others. When one gives temporary guardianship to another they can revoke it. That is the first thing that needs to be done -- revoke the guardianship in writing. Then go pick up your daughter with the police in tow.

          If the grandparents have filed suit for guardianship, then you will have to answer and plead your case in court. They will allege unfitness due to your drug addiction which you will have to prove is no longer the case. Be prepared for urine and possible hair follicle testing. And have a suitable place ready to take your daughter to as home.

          Unless they can prove you are currently unfit, you should be able to get your daughter back. I cannot stress too heavily that having an attorney representing you will give you the best chance in court. So do attempt to get representation, Legal Aid if you cannot afford private counsel. By the way, the grandparents' refusal to even let you see your daughter, attempting to alienate her from you and possibly 'steal' your child should go against them. Even for visitation.

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          • #6
            Re: my daughter's grandparents trying to get full custody

            They have half custody from the mother for a year if she steps in would that just be a deal breaker for me or do I still stand a chance? And also I can't afford an attorney

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            • #7
              Re: my daughter's grandparents trying to get full custody

              Originally posted by kyleglasscock1 View Post
              They have half custody from the mother for a year if she steps in would that just be a deal breaker for me or do I still stand a chance? And also I can't afford an attorney
              Then see Legal Aid. It is still not clear who you are in this scenario. The mother? Another relative? Without that being clarified no one can advise.

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              • #8
                Re: my daughter's grandparents trying to get full custody

                Originally posted by kyleglasscock1 View Post
                So the mother is basically out of the picture, she signed over her rights to the daughter as temporary custody to the grandparents for a year. The mother is also an assumed drug addict, who left for another man after the baby was born.due to my work schedule I was having a hard time so the grandparents offered to step in for a while to help out in taking care of the grandchild until I could get on my feel and be able to appropriately take care of her. Now they are trying to turn things around and get full custody. What are their rights, having only temporary custody? They are saying I can't see my daughter at all until this is all settled. What options do I have?
                Depending on your state, if your child lives a certain amount of consecutive days with the grandparents, they will have standing to sue for rights to the child. If I were you, I'd take the child and raise your daughter yourself. If you cannot do so, it may be better for the grandparents to take her. As the biological father, you have more rights than the grandparents. The longer you go without raising your daughter yourself, the more apt the judge will assume you are not able and you may only have visitation. I would not let too much time go.

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                • #9
                  Re: my daughter's grandparents trying to get full custody

                  Under temporary custody, the grandparents can't stop you from meeting your daughter. They don't have right to do that.
                  Seigman, Starritt-Burnett & Sinkfield, PLLC

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                  • #10
                    Re: my daughter's grandparents trying to get full custody

                    Originally posted by ashleyjohn View Post
                    Under temporary custody, the grandparents can't stop you from meeting your daughter. They don't have right to do that.
                    Geeze. I wish people would read before posting!!! I AM the grandmother and I have permanent custody! The parents have limited visitation due to their drug abuse and irresponsibility. The parents only see their children for approximately 6 hours per month, even though they have court orders to visit them for 12 hours, plus doctors appointments, dental appointments, IEP meetings at the school, parent-teacher conferences, and so on. The parents choose ONLY to play with their children for visitation and the parents do not wish to do anything responsible.

                    I have had the children for over 5 years. The parents do not pay court ordered child support, nor do they attend school or doctor appointments and they have many excuses as to why they cannot. At this point, after 5 years, the parents are not willing to be responsible, I would like to remove their parental rights.

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