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
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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
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.
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