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My daughter is 22, her ex is 24. I am not sure about the rehab... it could be up to 6 weeks. She actually wants to leave but we are asking her to stay and get better. He has just emotionally wiped her out. She is no angel, in regards XXXXX XXXXX temper with him. She does have some emotional issues she is working on in rehab, which have added to her depression. They had an intense break up and she hasn't been able to yet get over him. He has not really had a stable job for a significant amount of time. He now lives with his mother and step father in a 2bdrm duplex. They are both convicted drug addicts who have spent time in jail. Supposedly clean now. My grand daughter was touched inappropriately by a family members boyfriend while there. Unfortunately, because of her age the police could not confirm something really happened. Although, the detective that handled the case believes something did. That person is no longer in the house.
He is a decent father, I know he loves her. I do not want to keep him from her. I just don't think she needs to live with him on a regular basis. I have paid for 90% my grand daughters daycare since she started. I have over the year they were together, paid for many bills he could not afford.
My daughter has a full time job, has her own place and manages to pay her bills with very little if any $$ from him. Right now she is on medical leave of absence. If she loses her daughter to him, it will throw her over the edge. He now wants full custody of her while my daughter is in rehab.
my grand daughter is 2 1/2. She has resided with her mother and father for almost 9 months before they broke up. She resided with me for 6 months with her mother. She resided with his mom for 3 months, unbeknownst to me or I would have gone and gotten her. While staying with her other grand mother she was taken to a hotel where her grand mother proceeded to party and get high with my grand daughter in the room. My grand daughter was 9 months old at that time. The past year she has lived with her mom. However, the past several months she has spent more time with her dad, 2-3 days a week. she spends 2 nights a week with me. I take her to daycare and pick her up from daycare. The past several months my daughter has taken a downward spiral, I know it is her responsibility but his headgames with her have a huge impact on her mental state at the moment. Last week they had relations... leading my daughter to think there was a chance. Which he informed her that was not the case.... That sent her over the edge.
Can he get my grand daughter without being legitimized? Or am I considered her next of kin? As you likely know, the rights of the parents are superior to the rights of the grandparents. Based on what you have stated thus far, the father clearly has some issues. However, it seems that the father does not have any issues that would cause him to lose custody to the mother. Also, as to paternity, that can easily be confirmed or refuted by a DNA test. Meaning, he will be "legitimized" soon enough.
What are the chances of the judge ordering an extension because my daughter will not be there? It would be helpful if she could attend court that day, perhaps the rehab center will transport her to the courthouse. If she can attend, she can explain her situation and request a continuance. Considering she is trying to improve herself, my guess is that the judge will grant her some additional time.
I am unable to find a lawyer at this late date. Can I request a continuance? If your daughter cannot attend, you might consider attending and requesting a continuance on her behalf. Again, considering the circumstances, it seems likely the judge would be agreeable.
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Does her signing temporary guardianship papers requesting me to care for my grand daughter mean anything? Does she have to give consent for him to have my grand daughter legitimized?
It is not possible for her to be there on April 23rd
Unfortunately, as the father's rights are superior to yours, the guardianship papers are of little help. And no, your daughter does not need to consent to anything, either he is the father or he is not. If a DNA test confirms paternity, then that ends the issue.
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