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nancylynn46
Aug 15, 2010, 12:51 PM
Grandparents are raising the child after mom dies does the dad still have to pay child support?

Fr_Chuck
Aug 15, 2010, 04:03 PM
Why is the dad not raising the child?

I would assume then that the grandparents went to court after the death of the mother and got custody of the child ? Did the court issue a new child support order ?

nancylynn46
Aug 15, 2010, 05:24 PM
No dad is not raising the child grandparents are and no one been to court

nancylynn46
Aug 15, 2010, 05:24 PM
No dad is not raising the child grandparents are and no one been to court

Wondergirl
Aug 15, 2010, 05:36 PM
Who's raising the child -- the mother's parents or the father's parents? They just up and took the child to their home, or had the mother been living with them?

(Isn't the support money paid for the baby's upkeep?)

ScottGem
Aug 15, 2010, 05:45 PM
You didn't answer the main question. WHY is the dad not raising the child. When a custodial parent dies, the NCP should take over custody. For ANYONE else to take custody needs a court order.

nancylynn46
Aug 15, 2010, 05:48 PM
Mother has lived with grandparents all the child life and dad has not been around.

Wondergirl
Aug 15, 2010, 05:50 PM
But the dad has paid money for support, so he's somewhere.

nancylynn46
Aug 15, 2010, 05:51 PM
But the dad has paid money for support, so he's somewhere.

Yes married twice and knows where the child is.

Wondergirl
Aug 15, 2010, 05:52 PM
Like Scott asked, why hasn't the father claimed the child?

nancylynn46
Aug 15, 2010, 05:54 PM
Grandparents want the child

Wondergirl
Aug 15, 2010, 05:55 PM
What does the father say?

nancylynn46
Aug 15, 2010, 05:56 PM
We had for six months he never has ask for the child

ScottGem
Aug 15, 2010, 05:56 PM
Even if the mother lived with her parents, they had no right to take custody. They have no legal right to approve medical care for the child or register the child in school.

Is the father paying support directly or through an agency?

nancylynn46
Aug 15, 2010, 05:59 PM
He hasn't paid in a yr


He gave us power of attorney


he gave us power of attorney

Temporary power of attorney

Wondergirl
Aug 15, 2010, 06:05 PM
What is the time limit of the POA, or what makes it temporary?

Did he stop paying when the mother died?

nancylynn46
Aug 15, 2010, 06:08 PM
He stop before the mother passed and gave us temporary power of attorney for two yrs

Wondergirl
Aug 15, 2010, 06:12 PM
Was the POA notarized and witnessed?

Fr_Chuck
Aug 15, 2010, 06:14 PM
Assuming there was no danger from the father, when mother died, he basically gained custody, There is no current child support order in place, since that was between him and his deceased wife.

Currently you are baby sitting for him, he ( knowing he has legal right to child) has given POA to you ( he can take it away anytime he wants) So he can or he does not have to provide you any money, since you merely have a informal agreement with him to what his kids for him.

If you want custody or guardianship you will have to go to court for it.

nancylynn46
Aug 15, 2010, 06:15 PM
Yes

ScottGem
Aug 15, 2010, 07:04 PM
Ok, so you are the grandparent. Child support is for the child. If you have custody, you can get support. However, if you apply for custody, he may revoke the POA and take the child.

I don't think that would happen, since he gave you the POA in the first place. Its an indication that he doesn't want the child. And that he would just be asking for custody to avoid paying support. So I would recommend that you contact a Family law attorney to advise you as to whether you should file for custody and support.