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kasih moi · Oct 10, 2009, 06:09 PM

My daughter went out of town leaving my grand son in my custody. My question is can the boys father when he gets out prison come get him from me while my daughter is out of town? Can I stop him from taking him from my home?

excon · Oct 10, 2009, 06:14 PM

Hello k:

In the absence of a court order, you cannot. He has just as many rights to his son as the mother does. You, on the other hand, have none.

excon

phlanx · Oct 10, 2009, 06:19 PM

Evening, you will have to seek legal advice specifically to find out what rights are available to him

That said, the law is very firm when it comes to the welfare of a child.

In these cases the welfare of a child is centred at all decisions.

So as long as it can be demonstrated you have a stable home and all is well in the relationship between yourself, daughter and grandkid, then to start with it would be very difficult for him to have the baby by himself, considering employment, home etc would be difficult for him to provide from the moment he gets out

The only concern I have is does the child mother leave due to work or has she left the baby behind in your care?

Again the welfare of the child is in question and we are back to square one.

At some point if the father can prove to be a stable character with a stable environment then the court may look favourable on this, but he must demonstrate it first which would take time

Hope this helps

excon · Oct 10, 2009, 06:27 PM

Originally Posted by phlanx

At some point if the father can prove to be a stable character with a stable environment then the court may look favourable on this, but he must demonstrate it first which would take time

Hello p:

What you say above is true. It just doesn't answer the question.

As you yourself said, it would take time... BEFORE they got into court, however, he could come to the grandmothers house and take the baby. There is NO court order to stop him.

excon

phlanx · Oct 10, 2009, 06:49 PM

Evening Ex,

Again I agree, and as I am sure kosih and yourself can appreciate, it is difficult to make a full judgment on a forum.

All the facts would be considered, of which we have very few, so my first statement still is worth looking into - get legal advice

stevetcg · Oct 10, 2009, 07:02 PM

Has the father been legally determined to be the legal father? If so, he could show up, with the police and take the child and there isn't a thing you could do about it.

You need a lawyer and a courtroom BEFORE he is released from prison.