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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience:  Family Law Attorney
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My daughter is 26, she has a 3 year old son. She and my grandsons

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My daughter is 26, she has a 3 year old son. She and my grandsons father are no longer together, they weren't married. She and my grandson have been living with me and my husband. The beginning of May she started seeing someone that she met in techinical school. He is 40, was married, his wife died last week of cancer. He has been dishonorably discharged from the military and is a tier III sex offender. she plans on moving out with my grandson and marrying this 40 year old. This 40 year old is a controlling person, his daughter left to live with her grandparents because she hates her father. The family would not let him see his dying wife in the hospital. My question; What are my rights as a grandparent in regards XXXXX XXXXX grandson.
Grandfather has seen him discipline my grandson in a rough manner yelling in his face.
Daycare mother has noticed a difference in his behavior since my daughter has started seeing this person.
My daughter is has stated she is going to join the military, have this man take care of her son while she is away.
He has no job.
She has no job.
The father carries the health insurance and has a full-time job.
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : Do you know if the father wants custody of his child?
Customer:

He is unaware of the situation at the moment. I would like to think he would want custody if he knew the situation. However, I could be wrong. I was wrong about my daughter's common sense.


 

LADY LAWYER : I understand, thank you. The first thing you might want to do is to inform the father as to what is going on. If he wants custody, he will likely get it if you will testify on his behalf at the custody hearing.
LADY LAWYER : If he doesn't want custody, then you should consider seeking it yourself.
LADY LAWYER : If the father will support you at the custody heating, then your chances will be better too.
LADY LAWYER : If all else fails, then you can contact child services and get them involved.
LADY LAWYER : If they remove the child, then you can seek custody that way too.
Customer:

In the interim, is there any action that can be taken to assure that my grandson is safe. Does it matter is the Tier III sex offense was against an adult? How does the court view the sex offense registray as it relates to children living with an offender in a household?


 

LADY LAWYER : Yes, you can call child services or you can file for an emergency hearing and get a hearing in just a few days on the custody situation.
LADY LAWYER : Also, does the father have any visitation or custody rights as is the case right now?
Customer:

There is no custody agreement between them. Neither have filed for anything at this point.


 

LADY LAWYER : The court is not approving of a child being put in that situation at all.
LADY LAWYER : Okay, then he really needs to file and in the meantime, ask that the court order that the man not be let around the child at all.
LADY LAWYER : The court can order that ASAP. And any motion needs to be an emergency motion.
LADY LAWYER : You can do this with or without the help of an attorney.
LADY LAWYER : The clerk should have the forms and they will need to be filed in the county where the child currently claims residency.
Customer:

Is there any law that states placement of children in a home with a sex offender based on their crime that pertains to the state of Maryland

LADY LAWYER : You fill them out, hand them back in and then call the judge's judicial assistant within a day or so to schedule the emergency hearing.
LADY LAWYER : No, there is no such law.
LADY LAWYER : Things are decided on a case to case basis depending on what the court believes is in the best interest of the child.
LADY LAWYER : Sometimes, the court or CPS even reunite children with their sexual predator parents if they feel the parents are rehabilitated.
LADY LAWYER : It is not a perfect system, by any means, but these are your options in the event you would like to prevent the child from living with this man.
Customer:

You last sentence leads me to my next question;

LADY LAWYER : Sure, happy to keep assisting you!
Customer:

What are a grandparents rights as it relates to visitation with grandchildren?


 

Customer:

I ask because if my grandson is taken from my daughter and later it is decided that this person she is involved with is rehabilitated chances are good she will not want us to see my grandson anymore.


 

LADY LAWYER : If this was the father keeping the child from you and not your own daughter, it would be a better senecio. A grandparent is unlikely to be successful petitioning for visitation over the objection of the parents unless the grandparent is able to show that the parent is unfit or extraordinary circumstances exist.
LADY LAWYER : In 2007, the Court of Appeals affirmed that parents have a fundamental right to control the upbringng of their children and that grandparents may only be awarded visitation only if they show that the parents are unfit or exceptional circumstances exist.
LADY LAWYER : "To preserve fundamental parental liberty interests, we now apply a gloss to the Maryland Grandparent Visitation Statuterequiring a threshold showing of either parental unfitness or exceptional circumstances indicating that the lack of grandparental visitation has a significant  deleterious effect upon the children who are the subject of the petition." Koshko v. Haining, 398 Md. 404,441 (2007).
LADY LAWYER : So nothing is guaranteed, but you do have a chance at visitation.
LADY LAWYER : Even if you don't testify at the Father's custody hearing, he still has a good chance of getting the child based on the past of this man and that neither one of them work.
LADY LAWYER : The question is whether he will petition. He may not want to take the chance at petitioning and losing and then having to pay child support.
LADY LAWYER : You would be able to gage better than me there.
Customer:

Wow, that's extremely disappointing that there is no rights for grandparents. My grandson lived with me the first 1 1/2 of his life, then they moved with his father for a brief time and were back here in May. He has been here 49 out of 52 weekends out of the year, that they did not live with us. Very disheartening to think he will be ripped away like that and there is nothing we can do.


 

LADY LAWYER : I think you may have misunderstood. While it is an uphill battle in MD, based on the circumstances and based on your history with your grandson, you do have a right to file a petition.
LADY LAWYER : I think you meet the definition of extraordinary circumstances here.
Customer:

In terms of child support, my daughter will probably file for that. Her and this man need something to live off of! She has never been a very attentive mother unfortunately and this person she is with is very manipulative. It's very scary to watch, and I'm not being an overly dramatic mother either. She is absolutely under his spell.


 

LADY LAWYER : I believe you and see it all the time, unfortunately.
LADY LAWYER : Not saying this is the case, but sometimes, unwed mothers lower their standards subconsciously because they have the idea that no one will want them if they have a kid too.
LADY LAWYER : I see that a lot with otherwise lovely women and mothers.
LADY LAWYER : Breaks my heart.
Customer:

I do believe that is part of the problem. Her ex. cheated on her, and this creep took advantage of it. She is blind to the situation, and unfortunately I cannot talk to her without her getting upset. This man is a sex offender, my grandson living with him will affect him. Someone will look him up on the sex off. registry and then my grandson will be associated with him at that address. No a good situation in the long term.


Thank you for your time.

Customer:

Can you tell me what type of lawyer I should look for? Specialty?


 

LADY LAWYER : Yes, you will want a family law attorney well versed in third party custody issues. Even though you are a grandparent, you are considered a third party.
LADY LAWYER : You can use www.martindale.com to find attorneys in your area.
LADY LAWYER : You will need to ask them if they are well versed in grandparents' rights and/or third party custody issues.
Customer:

Great....thank you for enlightening me this evening. Now I have a point to start with. Thanks again, have a nice evening.


 

LADY LAWYER : You are most welcome. My best to you and your family. I hope and pray everything works out.
LADY LAWYER : If you have any further questions about this, I am of course more than happy to keep assisting you! If not, please consider leaving me an excellent service rating as the rating system determines our employ with the site. If you need anything further at all, please reply before you consider a negative rating. Thank you
Customer:
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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