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Legal guardian/Bio father wants custody. . .

 
 
Reply Mon 29 Mar, 2010 04:09 pm
I am the maternal grandmother and legal guardian of my two grandchildren since October of 2005. As of last December, bio father took me to court and received visitation privileges, and now wants to get sole custody. Is there a chance he can take the kids?
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Type: Question • Score: 3 • Views: 2,241 • Replies: 12
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View best answer, chosen by redsummer2000
eoe
  Selected Answer
 
  2  
Reply Mon 29 Mar, 2010 04:52 pm
@redsummer2000,
I'm not a lawyer but it would seem to me that since he was not on the scene for almost five years, he would really have to prove himself a fit guardian, not to mention worthy of disrupting the childrens' lives by removing them from a stable, long established home environment. But he is their father and certainly has rights which must be respected and upheld.
redsummer2000
 
  1  
Reply Mon 29 Mar, 2010 05:11 pm
@eoe,
Actually, he has always seen them, he just did not want custody of them until recently. In fact, he stated to their attorney (five years ago), which is in writing in the court documents, that he did not want custody, just visitation.
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dyslexia
 
  1  
Reply Mon 29 Mar, 2010 05:13 pm
@redsummer2000,
yes, there is a chance.
boomerang
 
  1  
Reply Mon 29 Mar, 2010 08:37 pm
I think there is probably a very good chance.

When you say "legal guardian" what, exactly, do you mean?

Do you mean that he assigned guardianship to you? If thats it then he can revoke it without a lot of hassle.
OmSigDAVID
 
  2  
Reply Tue 30 Mar, 2010 12:23 am
@dyslexia,
dyslexia wrote:
yes, there is a chance.
Do u think your dad might get custody of U, Dys ?
Maybe there is a chance ?
dyslexia
 
  2  
Reply Tue 30 Mar, 2010 07:16 am
@OmSigDAVID,
OmSigDAVID wrote:

dyslexia wrote:
yes, there is a chance.
Do u think your dad might get custody of U, Dys ?
Maybe there is a chance ?
non-rational post David.
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redsummer2000
 
  1  
Reply Tue 30 Mar, 2010 10:57 am
@boomerang,
The boys have been with me for five years. The older one was 7, and his younger brother was 2. So it is like taking my younger boy, because I am the only mother figure he has had. They are involved with a couple of things, i.e. Royal Rangers (like the cub scouts), and two Big Brothers, from that organization that they have had in their lives for four years. Also, they attend church with a neighbor on Saturdays, and we occasionally attend church on Sundays. The father has an unsavory history/lifestyle, i.e. selling drugs and pimping. Not sure if the former is still true, but pretty sure the latter is. As well, it was stated in the court transcripts by the children's attorney that she spoke with him and he does not want custody, but to have visitation.
dyslexia
 
  1  
Reply Tue 30 Mar, 2010 11:06 am
@redsummer2000,
biological fathers have legal rights, it's up to the court to determine custody.
redsummer2000
 
  1  
Reply Tue 30 Mar, 2010 01:19 pm
@boomerang,
Legal guardianship means that he and my daughter's rights are suspended, not terminated; and I have 100% say-so in their schooling, medical needs, etc., and in order to give/get the children back, we would have to go to court. I have had the now 7 year old boy, since he was 2; I am the only mother he truly knows; unlike the other two now 18 and 12. The bio dad initially (2005) told me he was not able to take the boys; now he wants them. They are established with other activities, etc since I have had them. By the way, in the old court reports of 2005, the children's lawyer indicated that she spoke with the bio dad and he "does not want custody, but visitation."
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redsummer2000
 
  1  
Reply Tue 30 Mar, 2010 01:20 pm
@dyslexia,
Well actually, his rights are suspended, since I had legal guardianship, which was in 2005. He indicated at that time to the children's lawyer, that he did not want custody, but visitation.
dyslexia
 
  1  
Reply Tue 30 Mar, 2010 01:47 pm
@redsummer2000,
do you mean his rights were suspended by a court of law?
redsummer2000
 
  1  
Reply Tue 30 Mar, 2010 02:36 pm
@dyslexia,
Yes, because he was not interested in obtaining sole custody at the time. Now, five years later, he wants his sons.
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