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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26626
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Good evening. We found out in March that we have a granddaughter.

Customer Question

Good evening.
We found out in March that we have a granddaughter. The baby turned a year old 11 days after we found out about her. There is an attorney who was appointed to make decisions regarding the baby. This all happened before we knew anything about her. Now that attorney will not contact us but she is wanting the baby to have visitation with a man who has no legal rights to her who is also addicted to drugs and alcohol. This boy has threatened to kill himself, to harm the mother of the baby and has said that if he can't have her then nobody will. What can I do so that this man does not see this child? I am afraid he will harm her in some way.
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

If this man is not the father, he should not be awarded any visitation or custody rights of any kind.

 

However, it is up to your son to deal with this - not you because you have no grounds as a grandparent to step in as your son is still alive and can file for custody.

 

You should encourage your son to file a petition for custody immediately and get the child away from this person.

Customer: replied 3 years ago.
Thank you so much. The reason I am writing is because my son works night shift, the baby is NC with her other grandparents who are also trying to get custody of the baby and the attorney appointed to look after the interest of Mariyah is telling the other set of grandparents that they need to set up visitation with the man (who does drugs and drinks) but who is in no way related to her. The attorney has suggested that she do this immediately. They received an email from the attorney tonight telling them that they need to take this step. The mother of the child is also known to do drugs so she is supervised by the grandparents when she is with Mariyah. With him being the father and her (the mother) having to do rehab is there a good chance that he could get custody of the baby?
Expert:  Roger replied 3 years ago.
Yes, he would have a good chance at gaining custody if the mother is having substance abuse problems. The judge is required to do whatever is in the child's best interest, and given the circumstances, your son sounds like the best possible choice since the mother is having problems and he is the father - the other person should not even be a consideration.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26626
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so very very much. I truly appreciate your help with this matter. Now I will be able to sleep tonight.

Have a great night and thanks again.

Expert:  Roger replied 3 years ago.
Great. Glad to help. Good luck.

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