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Question

My 19 year old daughter will be giving birth to my grandchild in the next 4 weeks. She has agreed to my having a form of joint custody of the child since she is in college and the father of the child has declared his disinterest. I want to assist in the financial upbringing of the child including health care. I am not interested in assuming full custody of the child. Should I get legal guardianship or joint custody?

Submitted: 330 days and 22 hours ago.
Category: Family Law
Value: $30
Status: CLOSED
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Optional Information

baltimore, Maryland

Posted by AttorneyKaren 330 days and 20 hours ago.

Answer

Hello and thank you for your question.

First, I want you to be aware of a recent law in Maryland, pertaining to grandparents:

Maryland's Grandparenting Time Statute Ruled Unconstitutional

On January 12, 2007, Maryland’s highest court considered a constitutional challenge of that State’s grandparent visitation statute. The Court ruled in favor of protecting parents against Intrusion by grandparents. Overruling 14-years of state judicial precedent, the court held that absent exceptional circumstances or parental unfitness, and detriment to the grandchildren, grandparents have no right to demand visitation with grandchildren when the parents are oppose contact.

 

So, first before you consider the natue of your legal involvement in raising your grandchild, you must get the father of the child to also agree in a notarized writing that you are going to be allowed to have this involvement with your grandchild.

After you have him sign this, then given the nature of how you would like to be involved in your grandchild's life, it appears that a legal guardianship would best serve your needs. With this, you could have the child on your insurance and help to provide for the child.

I would ultimately have a paralegal or a family law attorney assist you with the preparation of the letter to the father and the legal guardianship papers, so this is all done legally without future complications for you and your grandchild.

You can call your local state bar for the recommendation of an attorney who is knowlegeable in this area.

Best wishes,

AttorneyKaren

330 days and 20 hours ago.

Reply

Can I obtain legal guardianship of the grandchild without the father's written consent if the legal document(s) state that I am not seeking custody of the grandchild? Since my daughter is going to college and not working, the newborn would have to receive public assistance. I am not a wealthy woman, but I earn enough income to provide financial assistance and health care.

Accepted Answer

Hello and thank you for your follow-up question.
I still think for your best interests, you still should get something notarized by the father regarding your participation in your grandchild's life.
An organization that can help you in Maryland is
Grandparents Rights Organization of Maryland (GROM)--which
provides information on laws and resources, as well as emotional
support to grandparents who are parenting their grandchildren as
well as those who are not parenting. Help is provided primarily by
telephone consultation from members.
Call: XXX XXX-XXXX or XXX XXX-XXXX
Another resource would be:
Baltimore City Circuit Court – Domestic Pro Se Office of
Family Law enables citizens to file court petitions, without being
represented by a lawyer during court proceedings.
Information is given by attorneys on how to complete petitions for
absolute and limited divorce, answer to complaint, child support,
custody/modifications of custody, motion to waive advance court
costs, and visitation. You must meet certain income eligibility
guidelines to be eligible for these services.
Call: XXX XXX-XXXX
Hopefully these resources can for little or no cost can assist you with filling out the correct paperwork and to protect your rights in the future with your grandchild.
Hope these resouces will work out well for you--
Regards,
AttorneyKaren

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Expert: AttorneyKaren
Pos. Feedback: 100.0 %
Accepts: 
Answered: 12/27/2008

Family Law Attorney

Over 12 years as a Family Law Attorney; Temporary Judge Award (2008)

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