In most states, grandparents aren't recognized to have legal rights to custody unless the parents die. However your child's father can always file for shared or full custody anytime. Maybe that's what she means.Is filing for full custody for children only for married couples.?
Not sure if you are from the US or not... I am in Australia.
Anyway - she would have to have a very solid foundation for filing for custody... I think she's full of it, just blowing off steam.
You won't lose custody of your kids unless you are neglecting them or abusing them. If you are a good mum, doing your best and have the assistance of your own mum, then I don't see the problem.
She'd have to get fully checked out herself for suitability by child services in any case and there would have to be reports of neglect, abuse, etc filed against you.
I would tell her that she needs to just cool it and that is does no good driving wedges between the family. Just because you don't get on with your ex; doesn't mean she has to take offense. It didn't work out for the two of you, or whatever the circumstances are, that's life. You need to point out to her that you want her involved in the children's lives too - but not if she's going to be putting you down all the time.
Maybe she feels a little left out. Try talking to her calmly and if she lives nearby, invite her for dinner and involve her. She's just trying to stay involved with the children, whom I am sure she really loves just as much as your mum does.
Not sure what the laws are in the US, but I am certain that there would be a lot of paperwork and investigations before she could even come close. So as long as you're being a respectable, decent mum, working hard and treating your children well, you have absolutely nothing to be scared of.
Good luck.
Uh if you gave birth to the children and are taking care of them, you have full custody. You do not need a legal document as you already have one: your name on the birth certificate. She would find it extremely difficult to do as there would have to be an investigation as to whether or not you are fit as a mother. If you were not married to the father and have not been to court over custody arrangements, then he has nothing. He would have better chances of it then his mother.
If you were not married when you had your children then you have sole custody of them. Certain states do allow for ';grandparent rights'; but I am not sure of which ones they are. My husband had 2 children prior to us getting together with his ex ( they were never married) and he had to hire an attorney ($4000) to have his children legitimized and then get joint custody. To my knowledge the father of the baby would have to do this, the grandmother has no rights. She may be able to file for rights to see the children but unless she can prove you an unfit parent(which does not seem the case) then she should have little luck at trying to get joint custody.
Don't even pay her any attention. She is just trying to intimidate you. As long as your children are taken care of and not abused, she will not get full custody of them. A grandparent can only get full custody if they can prove that BOTH parents are not properly providing a child's needs.
This is my field of study, family law.
Now.
That's whats so great about America. THE GRANDPARENTS DON'T HAVE CUSTODIAL RIGHTS. That is of course unless there is SOLID proof that the biological parents are unfit. Even then the maternal grandparents have ';first dibs'; (for the lack of better words) on the child. You should have no worries. The father does have rights however if his name is not on the birth certificate, then wammo! you have it made, he will have to pay for the paternity test and his own attorney. Tell old gramma to kiss your grits there aint nothing she can do.
its not only for married couples at all.. and the grandmother probably wouldnt win due to age but who knows how old she is.. good luck
No comments:
Post a Comment