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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> grandmother
Jan 20
2010

Ask a Divorce Lawyer: The mother lost her custody rights so shouldn't I automatically be given custody?

Posted by Matt Allen in Visitation , paternity , Jennifer Paine , grandmother , custody rights , custody , Cordell Cordell, PC , Ask A Lawyer

Question: I recently found out that my child’s mother has lost custody of our daughter due to her fourth arrest in as many years. My child has been placed in the care of her grandmother. 

As the father of the child are there any legal motions I have to go through to get custody or does the grandmother automatically have to turn her over to me since I am next of kin? Paternity has been established through the state.

 

Oct 30
2009

Ask A Lawyer: Can Grandparents Deny A Dad The Right To See His Own Child?

Posted by pmcmahon in Visitation , Parenting , grandparents , grandparent , grandmother , Fathers rights , Erik Carter , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question:

Is it legal for my fiancé’s parents and mother in law to deny him his son's phone number and visitation rights? Right now he is not allowed to call his son or to take him out alone. These are the rules of the grandparents, not of the court. There is no court ruling him to be an unfit parent or anything else for that matter. The child just lives with the grandmother in New York while the father is in Maine.

Nov 29
1999

Ask a Lawyer: Kids are not residing w/custodial parent anymore - Who to pay and how much?

Posted by Dads Divorce in third party , motion , Maintenance , grandmother , Children , Child Support , Child Support , CA , Ask A Lawyer , arrearages

Question:

My 3 girls (17, 15, 11) have not lived with their mother (80% physical custody, 50% legal custody parent) who's been unemployed approx. five & half of the 8+ years since our divorce, and in & out of alcohol & drug rehab, to no avail. They have lived with my ex-mother in law (she's very well off) as a compromise after the girls finally refused to return home after visiting me one weekend approx. two & half years ago. Their mother has been on assistance, but I refused to continue paying child support to her (as she only feeds her habits, not the kids). She uses her mother's address as her own but has not lived there, but I believe her mother pays her phone & utilities at the 2 other residences she has had during this time. The state calls me to collect. I've been to their offices with her true addresses, but they don't listen. I am sure she is entangled in some sort of welfare fraud and the girls will testify as to "who live where, and during what months and years" but they don't want her to go to jail. I haven't generated much income at all in the last 2-3 years but now I am starting a good job in Colorado soon (2 wks) and don't want this to linger. What should I do/consider with the limited resources I have for the time being?

Answer:

I cannot answer your question specifically to the laws of California as I am not licensed in that State. The only recommendation that I can make is to consider a Motion to Modify custody or in the alternative if you do not want custody, file a Motion to Modify Child Support. The fact that the children reside with a third party does not relieve your obligation to pay support, it would just change the person to whom the child support is paid.