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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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We did not find out about my grandchild until she was 14 months

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We did not find out about my grandchild until she was 14 months old. The mother lied and said that her and her husband did a DNA test at month which confirmed her husband as the father. 14 months later they begged us to do an DNA test to show that it was my son's child. Since that time, every month I have provided all clothes, shoes, bottles, sippy cups, diapers...etc. And have had her spend at least two weeks every month. Six months ago her mother moved to our state and i have had my grandbaby everyday and pretty much everynight. Both my son and her mother have created some trouble for their self. However, I was rasing my grandbaby. Friday the mother's mother came by to pick my grandbaby up to "take her to dentist" however, that wasn't true. On Friday, my grandbabies other grandmother had her dauther comitted and allowed her sister temp custody. Now they are not allowing me to continue with the bond my grandbaby and I have. They Aunt who was given temp custody my grandbaby didn't even know. What can I do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dave Kennett replied 2 years ago.

-Could you explain your situation a little more?
Does your son have visitation rights?

Is the mother married to another man?

Customer: replied 2 years ago.

She is married to another man. Both had told us before Anna was born that it could have been either one of them. When Anna was born they told us that the husband did a DNA test to prove he was the father. So my son is not on the birth certif. So no he does not have legal rights. We only have DNA papers. 14 months after that they begged us to do a DNA test. It proved my son is her father. Since that time, I've have been providing all clothing, shoe, car seats, bottle, cash money...etc. And got her 2 week every month to spend time with me. In the past 6 months Anna has pretty much lived with me everyday and most everynight. Both mother and father have gotten theirself in to legal trouble. My son's trouble is pretty much over with. He went to a rehab and got clean. Friday the mother was commited to rehab by the courts and Anna was just taken away from. They will not give me a number of the person who has temp custody and I am not allowed to have her for over night stays or even visit with her.

Customer: replied 2 years ago.


Anna was only taken away by her family, not court ordered

Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - You can file for grandparent visitation or your son can file for custody since he is the father and would have superior rights over the child. I would assume you know where the other grandparents live so that they can be served with the court paperwork. If thee is no court orders regarding the child your son will first have to establish legal paternity and then file for custody as father of the child. That is the best way to get the child away from the other grandparents but if your son is unable or unwilling to take action then you, as the paternal grandmother can file the case for custody based on your past bonding with the child. The case will have to be filed in the family law court in the county where the child is located. If there are no court orders in place you certainly have an equal right as the other grandparents and your son has superior rights over everyone since the mother is not available.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
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