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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118764
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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If a man is proven to be the father of a baby, where the mothers

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If a man is proven to be the father of a baby, where the mothers lives with her parents (grandparents) and has given her parents partial custody of the baby. We are waiting for the state to send us somewhere to take a paternity test to prove whether or not the "man" is the baby's actual father. Either way he will be marrying the mother of the baby, and I need to know what legal rights the "man" in this case has. If they get married will the grandparets still have a right to gardianship over the baby?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You are asking two really different things, so I will address both.

If paternity is not established and the man marries the mother, this has no impact on the grandparents having shared custody or guardianship with the mother. This is solely up to the mother's discretion in the matter and the man has no say even if he marries her unless he adopts the child through the court.

Second, if a paternity test is done and he is found to be the father, then he has rights to stop the guardianship with the grandparents as part of his paternal rights, whether he marries the mother or not.

Thus, the rights of the man depend wholly on whether or not the paternity test comes back showing him to be the biological father.

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Customer: replied 4 years ago.

Thank you for your quick response. If you don't mind I would like to verify that I understand you correctly on something. You said, "This is solely up to the mother's discretion in the matter". So, if the mother made the decision to be with the man, could "she" determine if the grandparents had gaurdianship or not?


To answer this question you may need a bit more details on how the grandparents ended up with partial gaurdianship over the baby. The mother is only 19 and when she got pregnant she was struggling with drugs and alchohol and her parents stepped in to help her, which she no longer uses. It protect the baby from the irresponsible mother the grandparents conviced the mother that it would be best to sign partial custody over to them.

Thank you for your response.

Until the man is proven by a paternity test to be the biological father, he has no rights or say about the child, even if he marries the mother. Thus, without the finding of paternity, he has no say about guardianship with the grandparents, even if she makes the decision to be with the man.

Once paternity is proven, then the father would have say and power to go in and terminate any partial guardianship/custody with the grandparents.
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