My question involves a child custody case from the State of: MS
My daughter gave birth to a little girl in 2010. She was married at the time, but never actually lived with this man. His name went on the birth certificate because they were married--they divorced when the child was 5 months old. For the first two years of the child's life, I kept her 3-4 days a week and provided many needed items even though my daughter recieved WIC and food stamps. At age 2, my daughter and her ex husband agreed to give me guardianship of the child because she wanted to move out of state. They signed joinders and waivers and I was granted guardianship in 2012.
Fast forward 3 years. My daughter filed a petition to terminate my guardianship stating she was ready to take care of her daughter. I disagree and we began the legal process. She realized she was losing the case, so she filed another petition stating that the father on the birth certificate, her ex husband was not the child's father. DNA was ordered and he is NOT the father. She was order to produce the the father for DNA testing, which she has done.
The biological father has now filed a petition to gain SOLE custody over my granddaughter. I am still planning to fight this tooth and nail because I have raised her from birth, and have had guardianship for over half her life. I have no problems with a visitation agreement and introducing him into her life, but he's only going to be satisfied with SOLE custody. Please note that this child has NEVER met this man and doesn't even know he exists. She is enrolled in a "A" rated school where I teach, participates in gymnastics, goes to church on the Sunday's I have her, has good relationships with all sides of her family including a visitation schedule with her mother, and is a happy and healthy child in my home. I am not unfit, and I'm not old. Many of my friends who are my age have babies and 5-6 year olds. She is very bonded and attached to me.
My attorney says this is an unusual case and will not make any predictions about the outcome. Has anyone gone through this or is familiar with how this might turn out? I am also open to any advice for how we should proceed to ensure there is no change in custody to keep this precious child's life as stable and normal as we can given all this nonsense.
My daughter gave birth to a little girl in 2010. She was married at the time, but never actually lived with this man. His name went on the birth certificate because they were married--they divorced when the child was 5 months old. For the first two years of the child's life, I kept her 3-4 days a week and provided many needed items even though my daughter recieved WIC and food stamps. At age 2, my daughter and her ex husband agreed to give me guardianship of the child because she wanted to move out of state. They signed joinders and waivers and I was granted guardianship in 2012.
Fast forward 3 years. My daughter filed a petition to terminate my guardianship stating she was ready to take care of her daughter. I disagree and we began the legal process. She realized she was losing the case, so she filed another petition stating that the father on the birth certificate, her ex husband was not the child's father. DNA was ordered and he is NOT the father. She was order to produce the the father for DNA testing, which she has done.
The biological father has now filed a petition to gain SOLE custody over my granddaughter. I am still planning to fight this tooth and nail because I have raised her from birth, and have had guardianship for over half her life. I have no problems with a visitation agreement and introducing him into her life, but he's only going to be satisfied with SOLE custody. Please note that this child has NEVER met this man and doesn't even know he exists. She is enrolled in a "A" rated school where I teach, participates in gymnastics, goes to church on the Sunday's I have her, has good relationships with all sides of her family including a visitation schedule with her mother, and is a happy and healthy child in my home. I am not unfit, and I'm not old. Many of my friends who are my age have babies and 5-6 year olds. She is very bonded and attached to me.
My attorney says this is an unusual case and will not make any predictions about the outcome. Has anyone gone through this or is familiar with how this might turn out? I am also open to any advice for how we should proceed to ensure there is no change in custody to keep this precious child's life as stable and normal as we can given all this nonsense.
Grandparents and Third Parties: Grandparent Guardianship Being Challenged by Newly Identified Bio Father
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