Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

my grandson is involved with a woman---very involved as she

is to have his child...
my grandson is involved with a woman---very involved as she is to have his child is 3 days--due to her ignorance she has been sending text messages to her former lover and I believe the father of the her other child---I can't believe she didn't realize she was sending these texts to my number instead of his---anyway she states her love for this man and is planning on leaving my grandson after the birth of his child---this has been a rocky relationship from the start and they now live out on my ranch in this extremely small house---free of charge and my grandson drives a ranch pick-up to his work as a welder---he has no knowledge of this yet---by question is how he can get custody of his child and not let her walk off with this baby to another county--his father and his wife live out here also---so it is sort of a family compound---there are plenty of people around to take care of this baby---I don't know if she really cares about this baby and might just let him go---as I stated earlier they are not married and I would like to know what his rights are---unfortunately this just came to light and urgency is a big factor here--she is having a c- section so we know the baby will be born on Thursday---we all don't want her to just walk off with this child and that's it---she probably would go back to clear-lake where this man is from and where her family lives in very poor conditions---so that's problem that's looming over all of us---nancy schouten
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 minutes by:
10/7/2013
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,944
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your grandson's situation.

by question is how he can get custody of his child and not let her walk off with this baby to another county--his father and his wife live out here also---so it is sort of a family compound---there are plenty of people around to take care of this baby---I don't know if she really cares about this baby and might just let him go---as I stated earlier they are not married and I would like to know what his rights are---unfortunately this just came to light and urgency is a big factor here--she is having a c- section so we know the baby will be born on Thursday---we all don't want her to just walk off with this child and that's it---she probably would go back to clear-lake where this man is from and where her family lives in very poor conditions---so that's problem that's looming over all of us---nancy schouten

What an individual in his situation may wish to do is to do is as soon as the child is born, to for custody orders in Court.

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 unless both parents agree and as for this.

One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced 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 visitation 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 visitation, although supervised visitation may be granted by the Court.

Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.

Now, with a newborn, the mother gets informal preference unless he can show that she is a danger to the child.

However, the key here is that regardless of whether or not he gets custody OR visitation, he can request the Court that she not be allowed to relocate without his consent, and/or, the Court's order.

That way, if she tries to leave, he can attempt to block her by filing in Court. If so, the Court would not allow her to leave unless satisfied that it would be in the best interest and she is not attempting to interfere with custody under these factors:

(1) the child's interest in stability and
continuity in the custodial arrangement; (2) the
distance of the move; (3) the child's age; (4) the
child's relationship with both parents; (5) the
relationship between the parents, including, but not
limited to, their ability to communicate and
cooperate effectively and their willingness to put
the child's interests above their individual interests;
(6) the child's wishes if the child is mature enough
for such an inquiry to be appropriate; (7) the
reasons for the proposed move; and (8) the extent to
which the parents currently share custody.

In re Marriage of Brown & Yana, 37 Cal. 4th 947, 127 P.3d 28, 38 Cal. Rptr. 3d 610 (2006).

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ask Your Own Family Law Question
Customer reply replied 4 years ago

when should we file for custody? As soon as the child is born or before she leaves the hospital ?

Nancy,

A filing for custody cannot be initiated before the child is born. However, it may be filed as soon as the child is born. So after the child is born, this may be done at any time - even while the child is still in the hospital, technically.

If she is a flight risk, he may request an emergency ex-parte motion that would be heard at the time of filing and which may restrict her from leaving the jurisdiction until the matter is decided.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

What are the chances of him getting custody of the infant ? We can show that his family is stable, mentally and financially, where as she is questionable.


Do you think it would be a good idea to hire a lawyer to help with the paper work and to go to court with us ?

Nancy,

What are the chances of him getting custody of the infant ?

Well, while courts are gender-blind, mothers are generally favored for custody of newborns informally, unless the father can show that she simply is likely to abuse/neglect the child. So her questionability will have to be serious, such as, lack of parental ability, no financial stability, history of drugs/alcohol/depression/suicide/abnormal behavior, etc.

Do you think it would be a good idea to hire a lawyer to help with the paper work and to go to court with us ?

Oh absolutely. May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,944
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,944
102,944 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,944 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Clarification please.... CUSTODY AND VISITATION: AS TO
Clarification please....CUSTODY AND VISITATION: AS TO PHYSICAL CUSTODY: During the academic year, Respondent shall have primary physical custody of the minor children subject to Petitioner having the … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was recently served with a petition for visitations. I was
I was recently served with a petition for visitations. I was just awarded full custody for my child as well as a 2year order protection against the father. The incident in which I was awarded the orde… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
Can I get custody or visitation when I legitimate my child
Can I get custody or visitation when I legitimate my child with a statement in an Acknowledgment of Paternity form?No, the mother continues to have the sole right to custody and visitation until a cou… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I'm in a child custody and visitation situation with a
I'm in a child custody and visitation situation with a female. There was no relationship. The child is 1yrs old. I didn't know the child's name until the summons. I don't want any envolvement! I'm an … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I would like to know how to go about visiting my grand
I would like to know how to go about visiting my grand daughter. Her father(my son) is incarcerated for domestic violence, 5 years, mother refuses to allow myself(grandmother and siblings to visit wit… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
476 satisfied customers
I am over a supervised visitation of my granddaughter and I
I am over a supervised visitation of my granddaughter and I just found out that the mother has been taping in my house. we meet in my living room with the doors and curtains closed. it is just me my g… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
I currently have supervised visitation with my children per
I currently have supervised visitation with my children per a temporary order from 8/4/17. I fear that my children are in danger with my ex-wife because of her family's culture (her father molested ex… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If both parents have supervised visits and the grandparent
if both parents have supervised visits and the grandparent is awarded Permanent Managing Conservatorship … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
476 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
Does a gran mother have the right for visitation with gran
Does a gran mother have the right for visitation with gran sons? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I have temporary supervised visitation. I was granted 8
I have temporary supervised visitation . I was granted 8 visit. my son father is violating the court order. What can i do? and what will happen as a result… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
Can dcpp tell me that i have to have supervised visitation
hi, can dcpp tell me that i have to have supervised visitation with my teenage daughter whom is currently under my custody? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
My son had supervised visitation at the local county women's
My son had supervised visitation at the local county women's center in Angleton, Tx. He had issues with them and they told him he could not use the center anymore for visitation. Keep in mind, he was … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
My ex has supervised visitations now. We have a hearing in
My ex has supervised visitations now. We have a hearing in November. Yeatersay he apent time with the kids. He was acring auper friendly with my family( I am not present during the visits), he also wo… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
This is on potential supervised visitation case. Illinois.
No. My daughter has a daughter that is 17 months old. The father is not on birth certificate. We have had him try to be as involved as possible by letting him stay at our house on weekends. He lives in a house with a few other guys he met on Craig list and my daughter doesn't want her there. Also he is involved in a very volatile relationship. This girl is angry that he has a child with my daughter and continuously calls and harasses here. The latest calls were messages she left on voicemail. We now have not hear from the father in s month. When my daughter asked if he was going to help out financially at all he replied he would see her in court … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
My son has court ordered supervised visit with his daughter
My son has court ordered supervised visit with his daughter and has had for a year(He was a former drug user). My husband and I do the supervising. The child lived with her mother until she supposedly… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
My 10 year old daughter has supervised visits with her
My 10 year old daughter has supervised visits with her father in a public place for 4 hours once a week. Due to sexual molestation. It is supervised by girlfriend. My daughter recently told me that he… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x