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Custody of grandson

Discussion in 'Child Custody & Visitation' started by Kimmie, Sep 3, 2019.

  1. Kimmie

    Kimmie Law Topic Starter New Member

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    Jurisdiction:
    Michigan
    I have had custody of my 8 yr old grandson for almost 7 yrs. His dad was incarcerated when he was 3 mos old. Mother signed custody over when he was 1. Will father automatically be able to get custody when he's released?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Yes.

    Unless you have a court order giving you custody.

    Now would be a good time to consult with an attorney.
     
  3. Kimmie

    Kimmie Law Topic Starter New Member

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    I do have legal custody through the court. He was served with the papers for the hearing when mom signed child over to me. But obviously couldn't appear because he was in prison. But the court papers do say I have legal custody.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Then he will have to petition the court for custody (or visitation) when he gets out. It won't be automatic.

    You would still be wise to consult an attorney now and prepare for the possibility.
     
  5. Kimmie

    Kimmie Law Topic Starter New Member

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    Thank you.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Which of these parents is your child?

    FYI, there is no such thing as "signing over" custody of a child. A parent (or parents) can give a power of attorney to a third person, but legal custody is something that only a court can grant.

    Was he ever married to the child's mother? If not, was his paternity ever established? If so, how was it established? Note that "his name is on the birth certificate" does not answer this question.

    Were the father's parental rights terminated by the court?

    Agree.
     
  7. Kimmie

    Kimmie Law Topic Starter New Member

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    By signing him over I meant that she willingly signed the papers granting me custody in the court with a judge. The father is my son. They are still married tho not together. No parental rights were terminated for either parent
     
  8. army judge

    army judge Super Moderator

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    Were you granted custody by a court in Michigan?

    The mother can't award you custody, neither can the father.

    Children are NOT chattel, to be bartered, sold, or given away.

    The only way an unmarried female can gain custody of a child is give birth to said child (that of course can't be done my any male), a male and/or a female can petition a court for a custody hearing in an attempt to receive custody of a child (a married couple as in a male & female) (two males) or (two females), an unmarried female gives birth to a child of which she receives sole custody at birth (a male can prove paternity subsequent to birth and receive paternal rights to the child).

    The female may have given you a notarized, worthless piece of paper, which on it's face has no legal significance.

    That is a question for the felon upon his release should address to an attorney, if he wishes to receive custody of said child.

    If the male was never married to female who birthed the child, the male would have to establish his paternity first, once paternity is established he could petition the court for some form of visitation leading to a form of shared custody down the road.

    As suggested you should speak to an attorney ASAP in order to make sure no one interferes with the great job you've been doing while these "parents" were doing whatever it is they were doing.

    The court would look upon you positively because of the relationship you've built over the child's time here on earth.
     
  9. Kimmie

    Kimmie Law Topic Starter New Member

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    The document is a court ordered document signed by a judge at the custody hearing. Birth of child and custody hearing were in Ohio.
     

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