need seriouse advise only
Posted in the Newburgh Forum
#1 Mar 23, 2013
my sons dad isnt on the birth certificate or nothin cops nd lawyer both said he had not rights my fianci is on the birth certificate i was told by him down there he had somethin sayin he had all rights to take my son to fl with him i found out the next day that they were plannin on goin to the court house down there filin some grandparent right and takin my son from me so i called my lawyer and the cops they said since he has no rights it was like kidnapin and they forced him to give him bk to us now we havve him but i found out yesterday that him and my mom supposibly got married we no its in spite to have a way to get full custody of him since hes married my lawyer said theres no such thing as grandparents rights in evansville and not to worry what do you guys think im so confuse and need legit advise please
#2 Mar 23, 2013
If your lawyer has already advised you on this matter, why are you asking Topix? Your lawyer would know best. But to answer your question, I go kit believe there us grandparents rights unless the grandparent is financially supporting the child. And by that u mean in the legal sense. As in they have partial custody of the child. You face one messed up family if your mother was willing to marry your baby daddy in attempt to get rights to your child. <<< That alone may benefit you in court. A judge should see how messed up they are. As long as the dad is not "legally" your child's father than he should have no rights. I know thus us a stupid question but, dies he pay you support?
#3 Mar 23, 2013
My aunt went to court on grandparent's rights and won. It's only for visitation and stuff. In that situation the father (her son) is deceased. It took a long time In the court and cost her so much money. I'm not sure how it would work with someone else on the birth certificate that's the weird area in this.
#4 Mar 23, 2013
no he has only sent two oufits a box of wipes and diaper and a houndred dollars for stuff he needs in a matter of seven months when we went and got my son friday they were suppose to meet halfway they drove three hours we drove nine they were waiting in the car foe four and a half five hours in the car outside in thirty degree weather wen we got there he had no hat jacket socks or shoes on and the outfit he had on didnt cover his legs all the way and he didnt have a bottle with him
#5 Mar 23, 2013
can you please use a (period)? its impossible to follow that crap you are writing.
#6 Mar 23, 2013
Go to court.
#7 Mar 23, 2013
He would need a blood test then he has to go to court to get visitation not full custody relax the system is set up for the mothers.
Since: Apr 13
#8 Apr 4, 2013
You're attorney informed you incorrectly on grandparent rights. What he/she may have been trying to say that until paternity is established, grandparents can not file rights. If he is in fact the child's father, and takes you to court to prove by DNA it, then the grandparents can file, just as he can file for visitation as a biological parent. Yes, a judge is going to frown on him for not helping support the child, but since you chose to list someone who is not the child's father on his birth certificate, he was not obligated to, and the judge will frown you for that as well. You've gotten yourself in a bad situation if they choose to fight by denying him access to his child. As far as grandparent rights, here is the Indiana code:
Chapter 5. Grandparent's Visitation
Right to seek visitation
Sec. 1.(a) A child's grandparent may seek visitation rights if:
(1) the child's parent is deceased;
(2) the marriage of the child's parents has been dissolved in Indiana; or
(3) subject to subsection (b), the child was born out of wedlock.
(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.
As added by P.L.1-1997, SEC.9.
Best interest of the child; in chambers interview of the child
Sec. 2.(a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.
(b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to have meaningful contact with the child.
(c) The court may interview the child in chambers to assist the court in determining the child's perception of whether visitation by a grandparent is in the best interests of the child.
(d) The court may permit counsel to be present at the interview. If counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of appeal.
As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.3.
Sec. 3. A proceeding for grandparent's visitation must be commenced by the filing of a petition entitled, "In Re the visitation of _________". The petition must:
(1) be filed by a grandparent entitled to receive visitation rights under this chapter;
(2) be verified; and
(3) set forth the following:
(A) The names and relationship of:
(i) the petitioning grandparent or grandparents;
(ii) each child with whom visitation is sought; and
(iii) the custodial parent or guardian of each child.
(B) The present address of each person named in clause (A).
(C) The date of birth of each child with whom visitation is sought.
(D) The status under section 1 of this chapter upon which the grandparent seeks visitation.
(E) The relief sought.
As added by P.L.1-1997, SEC.9.
Sec. 4. A grandparent seeking visitation rights shall file a petition requesting reasonable visitation rights:
(1) in a circuit, superior or probate court of the county in which the child resides in a case described in section 1(a)(1), 1(a)(3), or 10 of this chapter; or
(2) in the court having jurisdiction over the dissolution of the parents' marriage in a case described in section 1(a)(2) of this chapter.
As added by P.L.1-1997, SEC.9. Amended by P.L.50-2006, SEC.8.
there is more, but character space is limited, so here is the link http://www.in.gov/legislative/ic/code/title31...
#9 Apr 4, 2013
Stop being a who.7e
#10 Apr 4, 2013
Grandparents have a right in Indiana I know first hand because my aunt got her grandson and it didn't take long. There's no such thing as to why it would just be Evansville that doesn't have grandparents right out of Indiana when they make it a law its state wide.
#11 Apr 4, 2013
I was just informed by a lawyer a few weeks ago that grandparents rights no longer exist in Indiana.
I don't think you'll have to worry about this Jerry Springer couple getting custody of your child, unless you're even more messed up than this story.
#12 Apr 4, 2013
[QUOTE who="umm.. "]I was just informed by a lawyer a few weeks ago that grandparents rights no longer exist in Indiana.
I don't think you'll have to worry about this Jerry Springer couple getting custody of your child, unless you're even more messed up than this story.[/QUOTE]
ok ya thats wat he told me wen a called two or three weeks ago and deff not messed up lol i would have to say they the messed up ones but thanks for your help nd advise
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