Grandparents’ Custody Rights Over Child Of Unwed Father

Noblesville Indiana Divorce LawyerQuestion:

My wife has a child from a previous relationship that I have raised though I am not the biological father, and the child’s grandparents are now threatening to modify custody.

Her biological father has largely been out of the picture but now is requesting more parenting time and having the child stay the night with him at the home he shares with his parents.

The father’s grandparents are threatening to sue for custody of the child if we do not allow the biological father to have increased visitation.

Can the grandparents attempt to get custody of the child?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.

There is a preference for the parents to raise the child if they are fit and able. In a custody modification case, it is possible for the grandparents to intervene and request grandparent visitation.

However, if the child’s biological father is in the picture and is exercising parenting time, their parenting time will likely be during the biological father’s parenting time.

The grandparents may assist in a custody or parenting time modification hearing on behalf of their son and testify on his behalf. If the child’s biological father petitions the court to modify parenting time or custody, he will have to show that it would be in the child’s best interest to modify his parenting time by increasing the length of his parenting time and/or requesting more frequent parenting time.

Read Related Article:

Grandparents’ Custody Rights

Since the child does not typically stay the night with her biological father, it is possible that even if he were granted overnight parenting time with the child, his parenting time would be phased in over an extended period of time to allow the child to adjust to the increased time with her biological father.

Until there is a court order for the biological father to have overnight parenting time with the child, the mother is under no obligation to grant this time. It is the biological father’s responsibility to request the time from the court and receive an order in his favor.

Unless the court determines that the biological parents of the child are not fit or able to care for the child, it is very unlikely that the grandparents would receive custody of the child over the objection or one or both of the biological parents.

As such, the grandparents would more likely petition for grandparent visitation or participate in the custody battle on behalf of their son. If this is the case, the court will evaluate many factors to determine what would be in the best interest of the child in determining custody and/or parenting time.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.

End of Content Icon

3 comments on “Grandparents’ Custody Rights Over Child Of Unwed Father

    I HAVE SON, WHO IS UNWED TO HIS LIVE IN PARTNER AND THEY GOT ONE CHILD. ALL OF A SUDDEN THEY GET SEPARATED DUE TO THE WOMAN USING ILLEGAL DRUGS AND UNCONTROLLABLE BY MY SON.TIL THE GOVT FOUND OUT THAT SAID WOMAN(LIVE IN PARTNER OF MY SON) AND THEY REMOVED THE CUSTODY FROM HER AND TRANSFERRED IT TO THE MATERNAL GRANDMOM OF THE CHILD WITHOUT CONSULTING AND INFORMING MY SON.HE JUST FOUND IT OUT BECAUSE HER LIVE IN PARTNER TEXTED HIM ON THE PHONE ABOUT WHAT HAPPENED.NOW, MY GRANDSON, IS ALREADY AT THE CUSTODY OF THE MATERNAL GRANDMOM,WHICH HAPPENS TO A DRUG ADDICT ALSO. I AM VERY MUCH WORRIED ABOUT MY GRANDSON WELFARE
    AND SAFETY BECAUSE I KNOW HE IS NOT SAFE THERE. ME AND MY SON TRIED OUR BEST TO TALK TO THEM ( MATERNAL GRANDPARENTS )AND THE GOVT PERSONNEL WHO CONDUCTED IN REMOVING THE CHILD AND TRANSFERRED TO THE MATERNAL GRANDMOM OF THE CHILD BUT WE WERE DISAPPOINTED… WHAT WE ARE GOING TO DO? I AM JUST CONCERN AND THINKING THE WELFARE AND OF MY GRANDSON BECAUSE THAT SAID MATERNAL GRANDMOM OF MY GRANDSON IS ALSO A DRUG ADDICT. IS MY SON HAS NO RIGHT FOR CUSTODY OF HIS SON? IS THE MATERNAL GRANDMOM OF THE CHILD HAS MUCH MORE RIGHT FOR CUSTODY THAN MY SON? PLEASE HELP ME.. THANK YOU!

    My son wants to “sign over” his parenting rights to his parents and “back out” of the life of his child.
    The Mother agrees that this is the right thing for the child. I am the grandfather that – along with my wife-agree to take the place of OUR son -for the financial, physical and emotional well being of our granddaughter. Is it legally possible for the son to sign over his parental rights?

Leave a Reply

Your email address will not be published. Required fields are marked *