Family Law Questions? Ask a Family Lawyer Online.
Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.
I'm sorry to hear about your situation. Can you explain the situation a little more? I'm not sure exactly what has happened up to this point and I need to know the history before I can provide you with a great answer. Thanks!
I see you have a previous interaction with an expert, I'll see if I can get the details from that question.
What is the paternity situation? You said your son's name isn't on the birth certificate. Has he taken a DNA test and otherwise established his parental rights in Alabama?
She went to visit her mom for two weeks would not go by plane had to drive the 24 hr trip because she said her mom would have to have her car home by 9pm and my dl could not hadnle being home by 9 so she would need her own car with her. My son who just got out of Marine Corp tried to tell her it would be a long trip to fly with2 babies, she would not have it. Came time to come home. She refused, unless he would come to NY and drive her home. My son the only one working, had a job interview tried to get her to meet him in DC she would not. DL told him if he could not come to NY and drive her all the way back she would not be coming back to AL. My son being the only one working can not afford to loose work to go drive her home. she started telling him he would never see his son again and she would make sure of it. So he went and got a hearing date set thinking tht would make her come back to AL so he could get visitation rights and everything maybe custody because she doesn't take care of the childeren. She locks her 2 yr old in his room so she can sleep until 11 or 12 each day doesn't give them a bath for 5-6 days leaves dirtys diapers on the baby until his bottms starts bleeding. Whend she got the court papers she called an attorney, they told her is she didn't show up for the hearing a warrant would be issued but the county would not come to NY to pick her up. So now she says she is just not coming back to ALAbama at all.
she says that the baby is my son's but no we have no dna test
Okay. thank you .
Let me review that.
Thank you. At this point, the mother is not violating any law by taking the child. The father is not married to her, his name is XXXXX XXXXX the birth certificate, and he has not established paternity. Unfortunately, he can't do anything about her taking the child at this point.
Moving forward, your son needs to establish paternity.
They are married
Was the child born when they were married?
Great! I didn't know that. Since they were married when the child was born, he is presumed to be the father.
yes she tells and we have texts saying he is the father
This means he does not need to establish paternity like I thought.
Has he filed for divorce?
Where does that proceeding currently stand?
that's part of what the hearing on Sept 25 if for because they have bills together
and joint property that is in his name and she has and will not pay for
Hold on one moment.
Thank you. XXXXX can make rulings without her if she refuses to come back. The only problem is the enforcement of those rulings. Law enforcement in NY should act on any open warrant that is issued. However, Alabama will have to bring her back. If your county won't do that, I'm afraid I have no idea what the next step would be.
Is there anything for grandparents rights I could being concerned for the childs safety
There won't be anything that you can do that your son is not already doing. He's moving forward with the divorce and will hopefully find a way to enforce the orders.
what if i called cps would it be easier for him to get the child from them
her family from what she told me are drug addicts and alcholics
I wouldn't not call CPS yourself, let your son handle it. He is the child's father and needs to decide how to handle this.
ok thank you the child is only 9 months old just a very worried grandmother
I understand. This is an extremely tough situation. Your son sounds like he is on the right path to fix this, it is just going to take some time.
Just give him the support he needs. :)
If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively. Take care,Michael
IM they were living with just coming out of service that why I know all that was going on that's why I'm so worried
Thanks again for you're help
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).