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Can a Grandparent With Custody Get Child Support from the Parents

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  • 04-19-2016, 01:23 PM
    Locchamp
    Can a Grandparent With Custody Get Child Support from the Parents
    My question involves a child custody case from the State of: NY

    I have a crazy situation and need help. I have a 16 year old daughter that was living with her mother we had joint custody with physical residence with her. My daughters mother no longer wanted her daughter there were issues of arguing and police involvement. SO my daughter is now with her grandfather he filed custody papers asking for custody, but I want her to live with me. He is doing all this because I make a lot of money and he is a low life and has already asked for help. My daughter wants to live with him because they promised the world and there are no rules there. I was told that her being 16 she may get what she is asking for, but I want her to live with me I can help her an be a parent. I still do not understand how this all happened and no one contacted me about it but I have to wait for court date now. My questions is would he get child support from me if she could live with me her parent but chooses not to? How can a grandparent even get custody over me anyway?
  • 04-19-2016, 01:32 PM
    Dogmatique
    Re: Can Agrandfather Get Child Support from Parents
    Let's start with a timeline.

    How long has she been living with her grandfather? Have you actually filed for custody yourself? If not, why not?
  • 04-19-2016, 01:38 PM
    llworking
    Re: Can Agrandfather Get Child Support from Parents
    Quote:

    Quoting Dogmatique
    View Post
    Let's start with a timeline.

    How long has she been living with her grandfather? Have you actually filed for custody yourself? If not, why not?

    Also, does grandpa live in the same community as her mother and therefore the child can attend the same school, have the same friends etc.? Do you? If not, how far away do you live I get the impression that you live some distance away since you give the impression that you knew nothing about things until after the fact.
  • 04-19-2016, 03:21 PM
    Locchamp
    Re: Can Agrandfather Get Child Support from Parents
    Yah I should have posted this no I live an hour and a half away from where my daughter lived/lives so yes she is remaining in The same community right now. She has been there for a week now. I have not filed anything because I am waiting for an attorney to get back to me. He filed and asked for custody but he technically does not I mean he did not get granted any temporary relief. Briefly an attorney told me that we were just going to appear as an interested party and state that we would like the child to go with me. Because again right now I have custody he does not he just filed asking for custody.
  • 04-19-2016, 03:37 PM
    llworking
    Re: Can Agrandfather Get Child Support from Parents
    Quote:

    Quoting Locchamp
    View Post
    Yah I should have posted this no I live an hour and a half away from where my daughter lived/lives so yes she is remaining in The same community right now. She has been there for a week now. I have not filed anything because I am waiting for an attorney to get back to me. He filed and asked for custody but he technically does not I mean he did not get granted any temporary relief. Briefly an attorney told me that we were just going to appear as an interested party and state that we would like the child to go with me. Because again right now I have custody he does not he just filed asking for custody.

    Dad, you need to take a big deep breath and think about things.

    Its possible that as soon as you pay an attorney and file for custody that mom and your daughter will make up and your daughter will go home and your money will be wasted. Its also possible (particularly depending on how your child does in school) that a judge would feel that its not in her best interests to moved from her high school and community.

    Its also possible that the absolute best thing for your daughter would be to move her to your community...again, depending on how she does in school.

    Its tough dealing with the best interest of an older teenager. What is in their best interest is often a bit different than it is with younger children, and judges often give their wishes more weight than with younger children. You need to be really certain what you believe is best for your daughter and then make your decisions based on that.
  • 04-19-2016, 04:07 PM
    Locchamp
    Re: Can Agrandfather Get Child Support from Parents
    She has only been in that school for a few months so I find it rediculous that she really needs to stay there she has gotten kicked out of school the first two months then a month because she was in a mental institute. She needs help. Her mother has a restraining order against her I don't think she is going back with her mother. Plus I am her father why would she go with a grandfather when she has a orient that can set up her needs. And the real question is so if she does end up with her grandfather will I have to pay him child support when I have a home she could go to?
  • 04-19-2016, 04:09 PM
    Dogmatique
    Re: Can Agrandfather Get Child Support from Parents
    Quote:

    Quoting Locchamp
    View Post
    She has only been in that school for a few months so I find it rediculous that she really needs to stay there she has gotten kicked out of school the first two months then a month because she was in a mental institute. She needs help. Her mother has a restraining order against her I don't think she is going back with her mother. Plus I am her father why would she go with a grandfather when she has a orient that can set up her needs. And the real question is so if she does end up with her grandfather will I have to pay him child support when I have a home she could go to?

    Are you familiar with the phrase, "best interests"?

    If Grandpa gets custody, of COURSE he can file for child support. You only plan on supporting your child if she's living with you?
  • 04-19-2016, 05:04 PM
    Locchamp
    Re: Can Agrandfather Get Child Support from Parents
    Well I have a house she can go to but she refuses he's not a parent so why should I be responsible I have three other kids and can barely pay my bills as it is without spending anything on uneccessary stuff. So if a 19 yr old decides he wants to leave home then files for child support why should he when he had a home to go to. The best interest of child is with a parent she lived here with me for years so best interest is to come back where there are family and friends she just doesn't want to come back because of a boyfriend. This just doesn't make sense it can't be this way steal from my three kids to give to a 16 yr old that is selfish and has mental issues and need help?
  • 04-19-2016, 05:24 PM
    Dogmatique
    Re: Can Agrandfather Get Child Support from Parents
    Quote:

    Quoting Locchamp
    View Post
    Well I have a house she can go to but she refuses he's not a parent so why should I be responsible I have three other kids and can barely pay my bills as it is without spending anything on uneccessary stuff. So if a 19 yr old decides he wants to leave home then files for child support why should he when he had a home to go to. The best interest of child is with a parent she lived here with me for years so best interest is to come back where there are family and friends she just doesn't want to come back because of a boyfriend. This just doesn't make sense it can't be this way steal from my three kids to give to a 16 yr old that is selfish and has mental issues and need help?

    Wow. Just wow.

    Do you really expect us to believe that the best interest of this poor child is to live with you? With THAT attitude? She needs to be away from you.
  • 04-19-2016, 06:15 PM
    Locchamp
    Re: Can Agrandfather Get Child Support from Parents
    You know nothing about me her grandparents never wanted anything to do with her I took care of her her whole life her mother is a drug addict only reason why she went with her mom is that she met a guy up there and wants to be with him I brought her to counceling every week I did everything so don't judge because I'm trying to find out what to do because she has a fight with her mom and I can't do anything to go help her cuz I don't know what to do nice forum!
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