urgent help for grandson!!

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jmac2014

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My son, his girlfriend, and my grandson have lived with me since my grandson was 5 weeks old he just turned 1 year old. I have been his primary care giver, he even sleeps in the bed with me. Even though they are not married my son is on the birth certificate and my grandson has his last name. Recently there has been alot of arguments and the mother is wanting to move out. Can she just up and take the baby or does my son have rights to make the baby stay here. What can we do to ensure that my grandson gets to stay here where he has lived. I don't know if it helps but she doesn't work and has no drivers license.
 
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He needs to immediately contact the clerk of courts where you live and ask what is the proper paper work to fill out to establish paternity and to file for custody or visitation of some sort. Without doing so, there isn't a whole lot he could do to stop her from leaving with the child being as they are not married, and simply signing a birth certificate doesn't imply rights.
 
jmac2014 said:
My son, his girlfriend, and my grandson have lived with me since my grandson was 5 weeks old he just turned 1 year old. I have been his primary care giver, he even sleeps in the bed with me. Even though they are not married my son is on the birth certificate and my grandson has his last name. Recently there has been alot of arguments and the mother is wanting to move out. Can she just up and take the baby or does my son have rights to make the baby stay here. What can we do to ensure that my grandson gets to stay here where he has lived. I don't know if it helps but she doesn't work and has no drivers license.
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Unless (and until) your son has established his paternity, unmarried fathers have no rights to their children.
The mother has all the rights to the child.

Your son should file for a paternity test and custody orders to establish his paternal rights and set custodial boundaries.
Support orders should also be created to establish who pays what and when.

Otherwise, you may wake up one morning and your grandson has gone bye-bye with his legal parent, the mother.
 
Mom has every right to move out. You cannot expect she is going to stay in a hostile environment or leave her child behind. Dad may have some rights even if they are unmarried. In many states signing the birth paperwork is enough to establish paternity legally. Until a court says otherwise though, they both have rights. I suggest mom and dad try to work something out on visitation and support if she does move out.
 
Actually, although the AOP/birth certificate establishes paternity, it does NOT confer any rights to the unwed father.

The father still must file for custody/visitation through the court to have any rights at all to the child.
 
Actually in some states AOP is all that is needed for the father to have some rights. In AZ, that is the case but I do not know for sure in the OP's state. So many people are having babies out of wedlock, many states are accepting the AOP and birth cert as establishing paternity.
 
Duranie said:
Actually in some states AOP is all that is needed for the father to have some rights. In AZ, that is the case but I do not know for sure in the OP's state. So many people are having babies out of wedlock, many states are accepting the AOP and birth cert as establishing paternity.
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GA. is "odd" in that another step is involved...Legitimization is necessary for the father to be declared "legal Daddy".
 
Duranie said:
Actually in some states AOP is all that is needed for the father to have some rights. In AZ, that is the case but I do not know for sure in the OP's state. So many people are having babies out of wedlock, many states are accepting the AOP and birth cert as establishing paternity.
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That isn't true in Georgia. I checked it before posting. :)

Also, I read that Georgia was the very last state to recognize the AOP as legally establishing paternity; i.e.,legitimization through the courts is no longer necessary if the AOP is signed. However, I read that on a legal site, not the statutes, so maybe I'll check on that in a bit. :p
 
son needs to file

jmac2014 said:
My son, his girlfriend, and my grandson have lived with me since my grandson was 5 weeks old he just turned 1 year old. I have been his primary care giver, he even sleeps in the bed with me. Even though they are not married my son is on the birth certificate and my grandson has his last name. Recently there has been alot of arguments and the mother is wanting to move out. Can she just up and take the baby or does my son have rights to make the baby stay here. What can we do to ensure that my grandson gets to stay here where he has lived. I don't know if it helps but she doesn't work and has no drivers license.
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WE cant do anything. this is your son issue to deal with.you as the grandmother have no standing to do anything where your grandson is concerned. your son needs to file for vistation then you can see him on your sons time.
 
Lonely please do us all a favor. Pull your lip over your head, and swallow.
 
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