Can I legally pestition for custody of my grandchild which has not been born yet? I paid for the Fetal Cell DNA testing since she claims the baby is my sons, which it turns out it is. She is very unfit to have a baby. I have her medical records which show marijuana in her system while pregnant. She is lazy and shacks up on other people so that she does not have to clean a house

You may be able file a petition now, but nothing can be ruled on until the baby is born.

This is all dependent on local laws and you neglected to give us the key info of your general area. I am surprised that a court ordered a fetal DNA test or that you were given information about her drug use. Generally courts will require that any DNA test wait until birth and revealing her medical diagnosis without her permission would be a violation of HIPAA laws.

What State orders fetal DNA testing when it's such a danger to both mother and child?

I can't image a fetal test when they could have easily waited till the baby was born, Whose ID was that. If the mother wanted it, that would be a strike against her in manys book.

But sleepig around, and using some pot is not enough to prove a unfit mother. You wlll have to prove a true danger to the child

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Originally Posted by vtetthatsme

Can I legally pestition for custody of my grandchild which has not been born yet? I paid for the Fetal Cell DNA testing since she claims the baby is my sons, which it turns out it is. She is very unfit to have a baby. I have her medical records which show marijuana in her system while pregnant. She is lazy and shacks up on other people so that she does not have to clean a house

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Whoa! I see many problems here to start with. Is your son still living ? Why in the world would you ask for a fetal cell test to be done ? Also how did you get ahold of HER medical records ?

Something about all of this doesn't sound right.

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Originally Posted by ScottGem

You may be able file a petition now, but nothing can be ruled on until the baby is born.

This is all dependent on local laws and you neglected to give us the key info of your general area. I am surprised that a court ordered a fetal DNA test or that you were given information about her drug use. Generally courts will require that any DNA test wait until birth and revealing her medical diagnosis without her permission would be a violation of HIPAA laws.

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A court did not order the Fetal DNA, we had it done on our own. And she is the one who gave me her medical records. She is on 17 and her mother is in prison, so she is pretty much on her own.

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Originally Posted by vtetthatsme

Can I legally pestition for custody of my grandchild which has not been born yet? I paid for the Fetal Cell DNA testing since she claims the baby is my sons, which it turns out it is. She is very unfit to have a baby. I have her medical records which show marijuana in her system while pregnant. She is lazy and shacks up on other people so that she does not have to clean a house

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The fetal DNA is done using the mothers blood, there is no danger to the fetus.

I think you have all misunderstood me. We oredered a Fetal DNA test not the court, This test is done using the mothers blood. There is no harm to the fetus. They extract the fetal cells from the mothers blood. She agreed and was not forced. She gave me her medical records, because the doctors office gives her a copy of their visits with all the notes. As far as her being an unfit mother, I rented them an apartment and she would not clean it, I had to make her eat because she is to lazy to fix herself somethng. Not to mention that she told her neighbor that she could keep the baby all the time because she liked to sleep till three or four anyway. Then she told my son that she wasn't going to be getting up feeding in the middle of the night that he could do it. She has also made the statement that someone else could change it because she don't do dirty diapers.

Okay first, it is your son that will have first dibs at custody if the mother does not want custody. Second, only court ordered DNA tests will hold up in court. Third, we still don't know what state you are in and evey state has different laws. If you want to get a lawyer and start a petition you can but it will be hard going to prove them both unfit.

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Originally Posted by vtetthatsme

I think you have all misunderstood me. We oredered a Fetal DNA test not the court, This test is done using the mothers blood. There is no harm to the fetus. They extract the fetal cells from the mothers blood. She agreed and was not forced. She gave me her medical records, because the doctors office gives her a copy of their visits with all the notes. As far as her being an unfit mother, I rented them an apartment and she would not clean it, I had to make her eat because she is to lazy to fix herself somethng. Not to mention that she told her neighbor that she could keep the baby all the time because she liked to sleep till three or four anyway. Then she told my son that she wasnt going to be getting up feeding in the middle of the night that he could do it. She has also made the statement that someone else could change it because she dont do dirty diapers.

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Exactly who is " we "? From what you stated earlier the child is a minor. She can not consent to medical without a parent or gaurdians permission. Also you still may be in violation of law by talking about her medical records. The HIPPA laws are very strict on this. If she gave you the records for what ever reason it and because she is a minor she can't consent to contract. Your looking at breaking the law here.

Also from what Im reading in journals the method you have used for DNA testing is highly unreliable if it's the same methods that others are using at this time. The only real way to get a babies DNA is to extract it in some envasive way from the baby itself. The method that may have been used has been wrong over 5% of the time.

( DNA reference arcticle )

Analysis of Cell-free Fetal DNA in Plasma and Serum of Pregnant Women -- Zolotukhina et al. 53 (3): 297 -- Journal of Histochemistry and Cytochemistry

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Originally Posted by vtetthatsme

I think you have all misunderstood me. We oredered a Fetal DNA test not the court, This test is done using the mothers blood. There is no harm to the fetus. They extract the fetal cells from the mothers blood. She agreed and was not forced. She gave me her medical records, because the doctors office gives her a copy of their visits with all the notes. As far as her being an unfit mother, I rented them an apartment and she would not clean it, I had to make her eat because she is to lazy to fix herself somethng. Not to mention that she told her neighbor that she could keep the baby all the time because she liked to sleep till three or four anyway. Then she told my son that she wasnt going to be getting up feeding in the middle of the night that he could do it. She has also made the statement that someone else could change it because she dont do dirty diapers.

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YOU ordered a fetal DNA test? YOU YOURSELF? What the heck State is this in?

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Originally Posted by califdadof3

Exactly who is " we " ?. From what you stated earlier the child is a minor. She can not consent to medical without a parent or gaurdians permission. Also you still may be in violation of law by talking about her medical records. The HIPPA laws are very strict on this. If she gave you the records for what ever reason it and because she is a minor she can't consent to contract. Your looking at breaking the law here.

Also from what Im reading in journals the method you have used for DNA testing is highly unreliable if its the same methods that others are using at this time. The only real way to get a babies DNA is to extract it in some envasive way from the baby itself. The method that may have been used has been wrong over 5% of the time.

( DNA reference arcticle )

Analysis of Cell-free Fetal DNA in Plasma and Serum of Pregnant Women -- Zolotukhina et al. 53 (3): 297 -- Journal of Histochemistry and Cytochemistry

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First off, the state of Texas considers you an adult at the age of 17. Second off, she gave me a copy of her medical records and she makes no attempt to hide them. She shows them to everyone she knows. Third off, my son agrees that neither she nor him is able to care for this child. During earlier prgnancy they it was believed that the baby might have downs syndrome, and she was telling everyone that she would smoke pot and drink since the kid would be retarded anyway. Her doctor offered a level two ultrasound to see if further confirmation was needed. Also, if we called CPS about her, they would have her drug tested and then if in fact she is doing drugs they would take it from her as soon as it is born anyway. We are aware that this method of testing is not 100% accurate, there fore the testing facility does a confirmation after birth with a cheek swab on the baby. If I honestly thought that she would take care of this child, I would not bother her. I and everyone around her knows that she will not take care of this child. My interest here is this child being taken care of, and nothing else. My son does not even live at home, but he admits that neither of them can care for this child right now. My goal here is not to have this child forever, but to have it long enough for its mother and father to straighten their life up, get an education and be able to care for and provide for this child in a stable safe drug free environment. I would be in violation talking about her records if I were using her name etc, and I am not doing that.

If you are so certain of yourself then why are you asking questions online? You are still going to get the same answer... if you think you can prove the mother to be unfit to a judge (being that your son will go along with your plan) then get a lawyer and start putting the case together so that as much can be done before the birth as possible.

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Originally Posted by stinawords

If you are so certain of yourself then why are you asking questions online? You are still going to get the same answer... if you think you can prove the mother to be unfit to a judge (being that your son will go along with your plan) then get a lawyer and start puting the case together so that as much can be done before the birth as possible.

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I was asking the question online, because I was not sure that a grandparent could petition for custody of a child. It is not a matter of someone going along with the plan, it's a matter of everyone having the best interest of this child in mind. I believe that even in her heart she knows that she can not care for this child. She has made the statement to many people that if it proves to be my sons, then she will go to California so that I can't get it. It is so hard to get a job without a high school education, and since she quit at the age of 15, I don't see her getting one. I even went as far as to rent them an apartment, and help her get enrolled in GED classes so that she could finish school. She went one day and didn't go back, she said that she didn't think it was worth it to have to get up that early, and besides if she couldn't find a job the government would take care of her. I believe that it is a lack of having been raised in a good home. Her dad is a career drunk who kicked her out at 15 after her mother went to prison. I tried to help her, and teach her but she found it easier to shack up on other people than to get up and take care of her own apt.

Now that you have fleshed out this story we can better answer it. In the first response I told you we needed to know where you were because this is all dependent on local laws. It wasn't until post #12 trhat you answered that question.

From what I can tell, you face an uphill battle in getting custody. I would suggest that you try for guardianship instead. You should also push the courts to appoint a guardian ad liteum for the child as soon as it is born. Custody is a more permanent arrangement than guardianship so it would be harder to get.

Also, why don't you get CPS involved? If you believe they would take the child because of the mother's actions, then work with them, telling them you are willing to foster the child.

But, I would strongly suggest consulting with a local Family Law attorney. They can advise you on the best course of action.

You are in for a long hard battle. I strongly recommend getting a lawyer to help you. Also, if you are only looking at the short term for while the parents "get on track" are you also prepaired for the long term if they don't? I just responed in someone else's thread about getting ahold of CPS if they will remove the child because they find the situation in too poor of condition for a child to live in then you will most likely get guardianship that way especially if you tell them that you would like to foster the child. They tend to use family before strangers for a child's foster home.

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Originally Posted by vtetthatsme

First off, the state of Texas considers you an adult at the age of 17. Second off, she gave me a copy of her medical records and she makes no attempt to hide them. She shows them to everyone she knows. Third off, my son agrees that neither she nor him is able to care for this child. During earlier prgnancy they it was believed that the baby might have downs syndrome, and she was telling everyone that she would go ahead and smoke pot and drink since the kid would be retarded anyway. Her doctor offered a level two ultrasound to see if further confirmation was needed. Also, if we called CPS about her, they would have her drug tested and then if in fact she is doing drugs they would take it from her as soon as it is born anyway. We are aware that this method of testing is not 100% accurate, there fore the testing facility does a confirmation after birth with a cheek swab on the baby. If I honestly thought that she would take care of this child, I would not bother her. I and everyone around her knows that she will not take care of this child. My interest here is this child being taken care of, and nothing else. My son does not even live at home, but he admits that neither of them can care for this child right now. My goal here is not to have this child forever, but to have it long enough for its mother and father to straighten their life up, get an education and be able to care for and provide for this child in a stable safe drug free environment. I would be in violation talking about her records if I were using her name etc, and I am not doing that.

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Im not sure where you keep getting your information but Im sorry your worng. A child of 17 IS NOT an adult in the state of Texas. They will have to be 18 to be considered an adult.

Texas Emancipation Law - Youth Rights Network

Also no matter who she shows her medical records to it doesn't matter. By you coming here and revealing what's in them you still can be in violation of the law. I understand you have a difficult situation but your compounding it by making one mistake after another. You need to get the facts correct. Then you will know where you stand.

If you still believe that 17 is an adult in Texas then please prove it by providing backup information.

Califdadof3 is right. In Texas the only reason a 17 year old would be considered an adult, is in criminal cases, in which case 17 would be treated as an adult, and not a minor.

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Originally Posted by vtetthatsme

First off, the state of Texas considers you an adult at the age of 17. Second off, she gave me a copy of her medical records and she makes no attempt to hide them. She shows them to everyone she knows. Third off, my son agrees that neither she nor him is able to care for this child. During earlier prgnancy they it was believed that the baby might have downs syndrome, and she was telling everyone that she would go ahead and smoke pot and drink since the kid would be retarded anyway. Her doctor offered a level two ultrasound to see if further confirmation was needed. Also, if we called CPS about her, they would have her drug tested and then if in fact she is doing drugs they would take it from her as soon as it is born anyway. We are aware that this method of testing is not 100% accurate, there fore the testing facility does a confirmation after birth with a cheek swab on the baby. If I honestly thought that she would take care of this child, I would not bother her. I and everyone around her knows that she will not take care of this child. My interest here is this child being taken care of, and nothing else. My son does not even live at home, but he admits that neither of them can care for this child right now. My goal here is not to have this child forever, but to have it long enough for its mother and father to straighten their life up, get an education and be able to care for and provide for this child in a stable safe drug free environment. I would be in violation talking about her records if I were using her name etc, and I am not doing that.

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I'm going to join in with everyone else - please post where you read that a person is of legal age at 17 in Texas.

I also don't understand - was all of this pot smoking and drinking going on when she lived under your roof?

I'm not going to bother reading back but if this happened when she was under age you're lucky her parents aren't suing you for a charge similar with interfering with a minor.

At any rate - wait until the child is born and then file a Petition with the Court.

I am somewhat concerned about your use of the word "it" when referring to the child.