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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3455
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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She has found out that if she doesnt show up for court a warrant

This answer was rated:

She has found out that if she doesn't show up for court a warrant will be issued for her but the county where will live will not go to New York to pick her up. She says she will not be coming back to alabama. Do I have any rights as a grandparent, because I fear the safety of my grand child. My son's attorney told him the judge will have to order the parternityif he wants to then it will have to go through a New Your court. Sinve she did not put my son's name on the birth certificate i don't know what to do.

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.


 

SoloLawyer :

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!


 

SoloLawyer :

I see you have a previous interaction with an expert, I'll see if I can get the details from that question.


 

SoloLawyer :

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?


 

Customer:

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.

Customer:

she says that the baby is my son's but no we have no dna test

SoloLawyer :

Okay. thank you .


 

SoloLawyer :

Let me review that.


 

SoloLawyer :

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.


 

SoloLawyer :

Moving forward, your son needs to establish paternity.


 

Customer:

They are married

SoloLawyer :

Was the child born when they were married?


 

Customer:

yes

SoloLawyer :

Great! I didn't know that. Since they were married when the child was born, he is presumed to be the father.


 

Customer:

yes she tells and we have texts saying he is the father


 

SoloLawyer :

This means he does not need to establish paternity like I thought.


 

SoloLawyer :

Has he filed for divorce?


 

Customer:

yes

SoloLawyer :

Where does that proceeding currently stand?


 

Customer:

that's part of what the hearing on Sept 25 if for because they have bills together

Customer:

and joint property that is in his name and she has and will not pay for

SoloLawyer :

Hold on one moment.


 

SoloLawyer :

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.


 

Customer:

Is there anything for grandparents rights I could being concerned for the childs safety

SoloLawyer :

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.


 

Customer:

what if i called cps would it be easier for him to get the child from them

Customer:

her family from what she told me are drug addicts and alcholics

SoloLawyer :

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.


 

Customer:

ok thank you the child is only 9 months old just a very worried grandmother

SoloLawyer :

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.


 

SoloLawyer :

Just give him the support he needs. :)


 

SoloLawyer :

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


 

Customer:

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

Michael J, Esq. and other Family Law Specialists are ready to help you