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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son and his girlfriend and grandson lived with us, his girlfriend

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My son and his girlfriend and grandson lived with us, his girlfriend took off with baby to Vermont(her family lives there) What are our rights as dad/granparents
Submitted: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Are there custody orders currently in place?



Customer: replied 7 years ago.
no we were living together at my mothers and my name is XXXXX XXXXX birth certificate
Expert:  Ely replied 7 years ago.
Grandparents don't have any special rights. You do, and need to file for custody. The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.



The courts generally do not like to split the custody 50/50 since this is hard on the child – imagine having to move every half a year.



One parent usually becomes the main caretaker (in many states this is called the managing custodian) and the other parent becomes the "weekend" parent (often called the posessory custodian) which is every Thursday, every other weekend, and alternating holidays. The minute points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.



Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation may be granted by the Court.



The posessory parent pays child support to the managing parent, unless the managing parent declines it. All states have a preset salary percentage calculation for child support, but this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together - the Court will not care.




Best of luck in your matter. I'm here if you need any more clarification or follow up info.

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Customer: replied 7 years ago.
can she file for custody in vermont or come back to mass to do so? the baby was born here.
Expert:  Ely replied 7 years ago.
No, she would need to file where the baby has been for the last 6 months (state) and what county where the baby was 90 days in said state. Of course she can lie, so file NOW to beat her to it to solidify jurisdiction.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














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