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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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A woman, who is incarcerated, has given temporary ...

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A woman, who is incarcerated, has given temporary guardianship of her daughter over to the maternal grandmother. The biological father was never married to the mother and has been involved in the child''s life only sporatically. Now, after over a year of no contact, he wants to see his daughter. There was never a custody arrangement made and the father has refused to sign over his parental rights. He lives 45 minutes from where the child and her grandmother live, in another State. He has thousands of dollars of child support he''s never paid, but he manages to escape prosecution from the State of Idaho by not working. His wife works. What would you suggest the mother or grandmother do. The last time there was a visitation, the father kept the child. They had to go after him.
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
1) Could you specify your question? You state" What would you suggest the mother or grandmother do"? But it is not clear as to what issue; (as to child support, custody, or something else)?

2) Could you please tell me what state the child and grandmother currently are residing in?

3) And child support was ordered in Idaho, is that correct?

Customer: replied 9 years ago.
Reply to LawNinvest's Post: The mother and grandmother are in Idaho, the child's biological father is in Washington. The mother wants to prevent the father from taking the child from the grandmother and keeping her. As I understand it, as the biological father, he has the right to do that. However, the mother was hoping that, in giving the grandmother temporary guardianship, the grandmother would have more rights. The problem is, there has been no written agreement because the father has been disinterested in the child for most of the child's life Yes, the child support issue was settled in Idaho.
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your response.

A guardianship would give the grandmother legal rights over the child and she would be able to limit his access to the father. Now the father can file objections to the petition for legal guardianship. The judge would then be in the position to determine whether the father should be given the opportunity to have custody of this child. The fact that he has never been a participate in the child's life, nor has provided for her will greatly influence the in denying the father any custody rights. At most the father would get visitation but custody would be out of the question as the grandmother has been the one responsible in raising this child.

So the grandmother should proceed with guardianship.

At the present time, absent any custody or visitation orders in place, the father has no rights to see his child. So to protect the child from being taken away, the father should be denied any type of access until guardianship is in place or a court order has been issued to allow father to visit.

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