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    Kesha6's Avatar
    Kesha6 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 18, 2008, 02:36 AM
    Not the biological father!
    If a couple has lived together with a daughter and were engaged to get married. The mom has a daughter from a previous relationship. All the daughter knows since the age of 1 is that both as MOM and DAD. She's now 5. That was what mom insisted on. Then suddednly with no visible signs MOM DIES!! Now Grandma gets custody of child, which is just find. She allows the granddaughter to see DAD Next to rare!! The QUESTION: CAN the ONLY KNOW DAD TO DAUGHTER FIGHT FOR "THE LEAST" WEEKEND VISITATION RIGHTS? DAD MISSES DAUGHTER & MOM DEEEPLY! Remember MOM & DAD never got married but was still engaged.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #2

    Mar 18, 2008, 03:50 AM
    Maybe yes,maybe not... It all depends on the state law.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #3

    Mar 18, 2008, 04:46 AM
    It depends on where you live and what a judges decides is in the best interest of the child. I would definitely look into getting an attorney. With the age of the chid, they may be spoken too in court as well to determine the relationship between "dad" and child.

    I would suggest getting some free consultations with attorneys in your area... they will be able to sit and talk with you... go over laws, rulings, and what steps you need to take.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 18, 2008, 06:04 AM
    Quote Originally Posted by Kesha6
    If a couple has lived together with a daughter and were engaged to get married. The mom has a daughter from a previous relationship. All the daughter knows since the age of 1 is that both as MOM and DAD. She's now 5. That was what mom insisted on. Then suddednly with no visible signs MOM DIES!!! Now Grandma gets custody of child, which is just find. She allows the granddaughter to see DAD Next to rare!!! The QUESTION: CAN the ONLY KNOW DAD TO DAUGHTER FIGHT FOR "THE LEAST" WEEKEND VISITATION RIGHTS? DAD MISSES DAUGHTER & MOM DEEEPLY! Remember MOM & DAD never got married but was still engaged.

    Of course he CAN file for visitation. I'm not sure what the Court will decide. Hopefully the Court will appoint a Guardian to look into the best interests of the child.

    How did the Grandmother get custody? Was there a hearing? Is there a problem between Grandmother and "Dad" which is causing the Grandmother to restrict visitation?

    I think we need a little more info -

    The engagement means little; it would be a marriage that would count.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Mar 18, 2008, 07:22 AM
    Dad needed to have adopted the girl to custody rights. However, he has a chance to get visitation ordered by the court. He needs a good Family Law atty to fight for those rights.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #6

    Mar 18, 2008, 01:30 PM
    I agree. Most times the courts will try to look at the best interests of the child and to determine what bond has taken place. You need a good lawyer and I hope Gma is cooperative too then it would be a breeze. Sorry for your loss . Your all going through difficult times and emotions are still high I would guess. Good luck and keep us posted.
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