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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2442
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Im a mother of 6 I just recently had a baby and was in the

Customer Question

Im a mother of 6 I just recently had a baby and was in the process of putting my newborn baby up for adoption because my husband had abandoned us about 7 months ago and it has been rough on my own. Now his mom is saying she is on her way to come get the baby and stop the adoption and she will make sure he isnt signing anything and she is going to take us to court and deem us unfit...what can i do?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Has anything been filed or reported?
Customer: No nothing has been filed or reported...we were supposed to sign adoption papers on Monday
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know what can I do to stop her from taking my newborn baby because thats the one she wants
Submitted: 11 days ago.
Category: Family Law
Expert:  S. Kincaid replied 10 days ago.
The grandmother has no legal right to interfere with the adoption but the father does. If the father cooperates with the grandmother, he may be able to get custody of the baby. That v could result in a reduction in child support for the other children who are with you. (Basically, he'd pay support for the children who are with you while you would pay support for the baby. How soon were you expecting the adoption to be complete?
Customer: replied 9 days ago.
The adoption is now void because he didnt sign. Now he just wants to get two of our kids and let me keep our newborn baby and the other 3. But his mom says she is coming to get the newborn from me because its a girl and she always wanted a girl. What do i have to do to get his mother from coming and taking her away when me and my husband have agreed that he doesn't want to keep her he just wants two of our kids?
Customer: replied 9 days ago.
He doesn't pay child support for none of his kids and has only sent $15-$60 dollars here and there
Expert:  S. Kincaid replied 9 days ago.

The grandmother has no right to take any of your children unless she can prove that you and your ex truly are unable to care for your children. She could petition for grandparent visitation, but nothing else without proving you're unable to provide appropriate care. Her saying that you're unfit is insufficient. She would need actual evidence, presented to the court. Then you would have the chance to refute that evidence and the judge would make a decision. She, in no circumstances, can just "come and get" your child. If she has no evidence, you should not worry. If you think there are things she can say that would cause a judge concern, I can address those specific issues.

Customer: replied 9 days ago.
She doesn't have any evidence at all she just wants my newborn because its a girl i have only given her boy grandchildren and she has never had a girl just boys. If she comes to my home what should i do. Can my husband come and take the kids? Or will he have to get a court order?
Customer: replied 9 days ago.
He just got here on a bus from cinncinati to Detroit and he said he is taking two of his sons and wants to also take my newborn now as well and go back to Alabama and stay with his mom
Expert:  S. Kincaid replied 9 days ago.

Nobody can require you to hand over the children without a court order. Your best bet, though, would be to get a court order giving you custody as soon as possible. Because if he does get access to the children (picking them up from school or daycare, or even coaxing them out of the front yard, for example), you don't have the right to forcibly take them back from him either. You DO have the right to take them from the grandmother since she has no rights, but if he left the children in the grandmother's care, some police don't want to interfere and help you. Best bet - get your custody order sooner than later and don't turn over the kids at this point. At the same time, you can't hide the kids from him since they're his kids too.

Expert:  S. Kincaid replied 9 days ago.

If she comes over, don't open the door for her, keep your children inside and tell her to go away. If she refuses, you can contact the police and say she is trespassing. You could also get a stalking personal protection order against her if she stalks you. Stalking is defined as at least two incidents of threats or harassment that frighten you. If she continues in this way and you are frightened, this may be an option for you.

Customer: replied 9 days ago.
Do i have to open the door if he comes too, he hasnt been here for his kids in 7 months
Customer: replied 9 days ago.
i can get a court order even if im still married to him or no?
Expert:  S. Kincaid replied 9 days ago.

You do not have to open the door. You do not have to let them go with him. You can get a temporary order within a court action for custody. That could be a divorce action or a separate maintenance action.

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