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Law Answer Man
Law Answer Man, Attorney
Category: Legal
Satisfied Customers: 16
Experience:  I have a JD and two years experience prosecuting and defending criminal cases.
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My grandson is 15 1/2 months old. My

Customer Question

My grandson is 15 1/2 months old. My daughter''s attorney''s legal aide (not the actual attorney) drew up custody papers that gives the father 10 days a month, no specification for holidays, and inserted a section that says if they marry, the custody papers are no longer valid. This does not seem as if it is in the best interest of the baby. The father lives 225 miles away. Is there something wrong here or am I being an overly protective grandmother?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Answer Man replied 8 years ago.
Than you for your question. I would like to help you, but first I need to clarify your question so I am answering properly. What part of the agreement seems wrong to you in particular?
Customer: replied 8 years ago.
Reply to Law Answer Man's Post: The 10 consecutive days a month and no stipulations for holidays. There is all kinds of literature by different experts that say babies under three need routine and familiarity since this is a crucial time for development. In addition, the father has had absolutely nothing to do with the baby until recently and has paid absolutely no child support to date. He has asked and gotten the baby twice this year and both times my daughter had to fight with him to return the baby. In addidition he is consistently in trouble with the law and has warrants out for his arrest in three counties.
Expert:  Law Answer Man replied 8 years ago.
If what you say about the father is true, I can see why you are so disturbed by the situation. From your information, however, I note that this is your daughter's attorneys office that drafted the agreement. This is not a court ordered agreement yet, it's what your daughter is offering as a bargain. In court the standard is the best interests of the child, but before this makes it to court both mom and dad can make their own agreements. If dad has warrants for his arrest it will be pretty difficult for him to show up in court for a hearing, right? Maybe your daughter should think about filing for sole custody if dad is such a bad guy.
The fact that your daughter has an attorney should comfort you, though. I'm sure the attorney knows the situation. As for their paralegal putting some paperwork together, that is standard procedure. The attorney will look it over before it becomes official. Other than being their for your daughter and grandchild, there is not much you can do in this situation.