Maternal Grandmother Granted Guardianship Without Father's Knowledge

[tmp707]

My question involves guardianship in the State of: California

My son has had an extremely difficult relationship with the mother of his son. She moved over 7 hours away and took him with her when he was a few weeks old. She would go into hiding making it impossible to know where my grandson was. He's only seen his father in real life once when he was about 2. He's 4 now and we only recently found out that for the last year or so he has been living with his maternal grandmother on the East Coast. We've been told that she (his maternal grandmother) has guardianship of him due to some kind of CPS intervention that she stepped in on so he wouldn't be taken by the state. My son was told nothing of any of this. We only found out by accident. My son has always wanted a relationship with his son and has gone through a lot of mental anguish due to his inability to have time with him. Once we found out he was with his maternal grandmother my son made contact with her and has since been talking to his son 2-3 times daily on Skype or telephone. His grandmother said that she is at a point where she wants him to be with his parents because he is confused and especially missing having a Daddy. We sent money to fly him out with his grandmother so he would get some one on one time but now that he is back out here they are with his mom and the conversation has changed. All of a sudden it's not ideal for them to come and visit. I feel as if my son is being manipulated and lied to. How do we find out what the real truth is? What are his rights as a father? He really wants to be full-time father and have custody. How do we do this? Any help would be greatly appreciated.

[Mr. Knowitall]

You say that grandma is the child's guardian - pursuant to an order issued when, by a court in what state?

You add that the child is "back here" (presumably California) and imply that he's living with his mother, so what is grandma's actual role at this point?

Your son either has an order granting him custody and visitation rights or he does not - which is it? If he has an order, has he kept the court that issued the order appraised of his contact information - if he has not it seems possible that court notices might have been issued but sent to an old address.

What "real truth" is it that you hope to determine?

[jk]

has paternity actually been established either through signing of an AOP or adjudicated through the courts?

[tmp707]

You say that grandma is the child's guardian - pursuant to an order issued when, by a court in what state? - I don't know when the order was issued exactly but I believe it's from CA.

the child is "back here" (presumably California) and imply that he's living with his mother, so what is grandma's actual role at this point? - They are only here for a short visit. It was supposed to have been a time for my son to have a visitation. So, they're staying with his mom while they visit.

Your son either has an order granting him custody and visitation rights or he does not - which is it? - There is no order granting any kind of visitation. His sons mother, although always having a way to contact him, claims to not have his information.

What "real truth" is it that you hope to determine? - Why my grandson was removed from his mom's care? Why wasn't my son notified? What are his options now regarding custody? What steps need to be taken at this point?

Thank you for responding so quickly.

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He's been paying child support which I believe is a way of establishing paternity if I'm correct. Please, if I'm wrong let me know. I tried to get them to do a paternity test when he was born but she refused. Not because I didn't think he was my grandson but because I knew this kind of situation could come up.

Thank you.

[jk]

He's been paying child support which I believe is a way of establishing paternity if I'm correct. Please, if I'm wrong let me know. I tried to get them to do a paternity test when he was born but she refused. Not because I didn't think he was my grandson but because I knew this kind of situation could come up.

In itself, no but the courts tend to not require a man who is not either proven or has accepted himself as the father to pay child support.

Generally, she cannot refuse to do a paternity test. It is a fathers right to have his paternity verified. You should check on whether paternity was actually established though. Since you did not state a court ordered the support, he might be one of the guys that just pays it on his own.

If it wasn't, he has no legal rights until paternity is established. That may be why the grandmother was given guardianship and he was not notified.

You also need to find out if grandma was actually appointed guardian and by what court and if that order is still in place.

Once your son's paternity is certain and legally established, he can sue for, at least, visitation and possibly custody.