Father's Rights Mother Deceased 3 Weeks After Child Born

[KAROLRICH]

My 25 year old son and his unmarried girlfriend had a son. Unfortuntely, the mother died during complications from the birth.

My son's name is on the birth certificate, and the child was discharged to my son. My son is living at home with me and his father.

The baby is fine and well & healthy. The maternal grandmother now sends a subpoena to the house seeking custody!

Well, my son took the DNA test, and we are awaiting results which should take a week. Beside the DNA, we acquired a Lawyer. The Laywer says that once paternity is established, the rights are usually awarded to the Father 90% of the time.

We are heart-broken the maternal grandmother is doing this. My son wants to raise this child, as it is his right. He is not unfit, and we are helping him.

Does this maternal grandmother have a leg to stand on? She says it was her "daughters" wishes. But this is not true. Her daughter died unexpectedly. She left no will stating this. My son & her planned to raise this child together.

She was 29 years old, and have not lived with her mother since she was 18. She lived with her grandmother since then.

What are my son's rights?

[huffamuse]

This may vary by state, but according to what I have read for South Carolina, the courts prefer for the mother or father to have custody. If the child was taken from him then they would look at a grandparent or relative to step up. I don't think she has a leg to stand on, and if I were your son, I would request the judge order her to pay his attorney fees.

Could it be possible that the grandmother is really afraid she'll not have any contact with the child? She just lost her daughter, which is tragic no matter whether or not they got along. Could the father set up a visitation schedule with the grandma - she should at least get that. That may ease tensions and make her drop the custody suit if she sees that she will be able to be around her grandchild.
Good luck!

[Gbyte]

Originally Posted by Unregistered Could it be possible that the grandmother is really afraid she'll not have any contact with the child? She just lost her daughter, which is tragic no matter whether or not they got along. Could the father set up a visitation schedule with the grandma - she should at least get that. That may ease tensions and make her drop the custody suit if she sees that she will be able to be around her grandchild. Good luck!

I agree whole heartedly! Keep the grandma involved!!! Use her as a babysitter service if she wants to! Make sure grandma sees this child a minimum of once a week - ALONE. Call her...get her involved. Apologize greatly for the loss of her daughter and explain that you want her involved as much as possible and your sorry if you didn't convey that...that it's been a trying time for all involved.

[tbyte]

Disagree!
The grandma is seeking to control the child, plain and simple.
Tell her that if she expects to have a relationship with her grandchild she will do so on the father's terms. If she is not going to respect his parental rights, then no contact.
Children should not be around people that disrespect their parents.
'Nuff said.

[Gbyte]

Originally Posted by tbyte Disagree! The grandma is seeking to control the child, plain and simple. Tell her that if she expects to have a relationship with her grandchild she will do so on the father's terms. If she is not going to respect his parental rights, then no contact. Children should not be around people that disrespect their parents. 'Nuff said.

This woman just lost her daughter! Wow, you are REALLY heartless!

[tbyte]

This woman is trying to take a child away from its father.
Wow! YOU are heartless!

[Gbyte]

You and I both know she won't succeed - as does the grandma - unless there is something about the father we don't know.

They might not have grandparent visitation laws upon the death of child in her state. She might have HAD to file for full custody and hopes for visitation (in my county when you file for parenting time the forms do read as if the person filing for parenting time IS filing for "FULL custody or parenting time").

Filing for custody might have made her think how awsome it would be to raise her grandaughter instead of having to fight with the courts. She's in a period of mourning. Likely to do strange things. Those should be forgiven. She should be a big part of her grandchilds life (no bigger than any other grandma and NOT bigger than the fathers role).

[manjunath]

In the matter of custody of minor child the question involved is not of adjudication of father's right or grandmonther's right. The apparent question is welfare of the child, which is paramount. If grand monther has made a claim then it should be viewed positively in context of concern towards the welfare of the child. The grand mother' claim is to be considered seriously because the father is 25 year old. When we examine the facts in the context of apparent requirement for bringing up the child, the grand mother is better equipped. However if the father and grand parents together demonstrate their bonafides in the context of satisfying their concern towards the welfare of the child, then the balance will tilt towards father and grand parents of the child. In any event considering the age of the father the claim of the grand monther cannot rejected without considering all the facts and circumstances relavent to safegaurding welfare of the child. The court has to excercise its parental jurisdiction and get satisfied with respect to the fact the welfare of the child is taken care.

[tbyte]

Originally Posted by manjunath The grand mother' claim is to be considered seriously because the father is 25 year old.

What the heck does that mean?
Makes no sense at all.
Regardless, there is a presumption that the child belongs with the biological parent, especially if that parent already has an established and healthy relationship.
For the grandmother to get custody she would have to prove two things:
1) The father is unfit.
2) She is the best alternative.
It would be a two step process, and she is not going to get past step 1, unless GByte is the presiding judge...