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Atruheart · Feb 3, 2014, 06:28 PM

Both her and the X my grandsons dad have addiction problems. My daughter went away leaving me to care for my grandson ( they have lived here with us for the last 18 months) my daughter is in treatment getting help. She went to court 5 months ago and was awarded CS but he has paid nothing. I know he got a letter threatening a warrant for his arrest... but since he found out she left my granddaughter in my care he thinks that he has the RIGHT to come get her. No custody was ever legally done, he is however the father as he signed the papers when GD was born. HELP... please! Does he have the right to come get him?

stinawords · Feb 3, 2014, 07:24 PM

Well since there is no court order awarding you with custody and keeping him away from his child, yes it is his child and he can come pick her up. He is the legal father. Unless you have court papers stating that you have guardianship you don't really have anything in your corner to keep the child with you at this point. That being said, if you feel he is a danger to the child then you can make a report with DCFS and they can investigate. Even if they do find him unfit though doesn't guarantee that the child will be placed with you.

When your daughter left the child with you were any legal papers done at all? To award you with even temporary custody or guardianship?`

Atruheart · Feb 3, 2014, 09:31 PM

If she puts something in writing will that be good enough? She can and would do that. How do go about her doing this? We didn't think this would even be an issue we would have to contend with. The courts have never been involved as far as custody hearing or anything. So
I wasn't even aware that she could ask for me to be warded temporary custody.

stinawords · Feb 3, 2014, 09:55 PM

She can give you guardianship for you to be able to get the child medical care. But she can't stop the father from being able to pick up his child with out the court being involved. She needs to go to court to ask for custody. The father can also ask for custody and if not granted visitation. I am surprised that this wasn't established at the same time as the support. In many (most that I know of) the amount of time spent with each parent is part of the formula for calculating the amount of child support owed. Do you have any proof of his drug history? In order for a court to deny the father custody of his child when the mother is not able to care for him/her there would have to be proof that he is a danger to the child. Or at least substantial evidence that it is in the child's best interest to be under the care of a third party.

As of right now, if nothing was done about custody, then he does have the right to his child. They have equal rights to the child because they are each fifty percent of the pair of parents it takes to make a child. It goes the same way for the mother if the father were to have had the child at his parents and goes away with out a custody set up through the court that the mother could go get her child.

Just like when a couple gets divorced both parents have equal rights to a child until a judge signs off on papers. What state are you in by the way? That is always helpful to know when dealing with laws.

Fr_Chuck · Feb 3, 2014, 10:57 PM

You said, he 'signed papers" when child was born.

Was that the birth certificate ? Is he listed on the birth certificate ?

And if he and child's mother was living together, there is no need for custody paper work if they were not separated. He as listed on the birth certificate (if he is) is the father and if the mother never got custody awarded to her ?

But maybe she did, if she was awarded child support.

So he can get a court order, if he is legally entitled. Just tell him, that he can get a court order, if he is legally entitled to child.

Also a paper threatening a warrant is not a warrant, people threaten warrants all the time, only the court can issue one.

talaniman · Feb 3, 2014, 11:17 PM

You have a compelling case to get either the welfare department or the police to help you ensure the safety of your grandchild, since he may indeed have a warrant for failure to pay child support, or is a know drug user that your daughter can verify. Yes he has rights, but make a call to find out what YOUR rights are and how best to protect your grand son from a dope fiend. They can guide you through the process and help you with the law. Especially if he is in violation of a court ordered child support.

Knowledge is power, so leverage it to protect this child.

ScottGem · Feb 4, 2014, 06:03 AM

You can find temporary guardianship forms on the Net. Print one, and get your daughter to sign it and have it notarized. However, unless its approved by the court it may not be enough.

However, it should be enough to hold him off if he comes to get the child. You can refuse to hand your grandson over. He can try getting the police to help him, and it might be enough to hold them off.

You should also read the Child Support order carefully. It may have established custody.

He can, however go to court to establish his rights and unless you can prove him a danger to the child he might win.

Atruheart · Feb 4, 2014, 11:36 AM

Thank you and yes you have helped

Atruheart · Feb 6, 2014, 09:40 AM

On court papers concerning CS daughter is listed as Custodial parent, BF listed as Non custodial. Yes he is listed on BC.

ScottGem · Feb 6, 2014, 10:47 AM

Originally Posted by Atruheart

On court papers concerning CS daughter is listed as Custodial parent, BF listed as Non custodial. Yes he is listed on BC.

But for you to be taking care of the child means that she has to legally grant rights to you. It also means that he can go to court to claim his rights. As the NCP generally his rights would take precedence over yours.