Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1

    Default Will a Court Appoint Guardians for a Child of Minor Parents

    My question involves a child custody case from the State of: Alabama

    My 15 yr old son and 16 yr old girlfriend have a baby girl due in August. My husband and I, the paternal grandparents, plan to file guardianship on belt of our son. Long story short, our home, financial status, educational levels, etc are much more favorable for caring for a child than the maternal grandparents situation. Neither of the parents, my son or the girlfriend, have job or even drivers license. The mother of the child has told me her family plans to sign the baby up for government assistance checks and any assistance available to them. We can care for the baby on our sons behalf without any of that.
    My question is: Wouldn't a court immediately appoint a guardian in this case considering the age and statuses of the parents?
    What factors are taken into consideration when a court is deciding the best plan/placement for a baby?
    *Our plan is NOT to take the baby from my son or the mother. It's simply to file for guardianship to help care for the child until they can finish high school and properly care for,a child by themselves.*

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 15 Year Old Son and Girlfriend Have Baby Due in August, Paternal Grandparents Fil

    No. The child has a guardian, actuslly will have two once paternity is established, so they don't need 4 more. You do not need to be a guardian to assist the child's parents as you have said you would like to.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: 15 Year Old Son and Girlfriend Have Baby Due in August, Paternal Grandparents Fil

    You won't get guardianship from a court in the face of the mother’s opposition. The baby has parents and those parents have the right to raise the child and have the child live them regardless of how well off they are. Being a good parent isn’t about who has the most wealth to spend on the child. We don’t take kids away from their parents and give them others, even if they are relatives, just because the other person is financially better off. You can imagine how horrible a society that would be if we took kids away from parents just because someone wealthier wanted to care for them. I realize this is not what you intended the situation to seem like, but in reality that’s what you are advocating. While your intent to help the grandchild is good, seeking guardianship and custody is not a good idea and won’t succeed if the mother objects. There are lots of things you can do to help the child without going that route.

  4. #4

    Default Re: 15 Year Old Son and Girlfriend Have Baby Due in August, Paternal Grandparents Fil

    I think I left out some viable information. The mother and father are in agreement with my husband and I being the legal guardians with my son having primary custody. It's the maternal grandparents who are doing all possible to keep the baby from me and my husband. They are fine with my son (the father), just not fans of us. The kids, cause that's what they are, know they can't take care of this baby by themselves.
    Alabama law won't allow the mother to sign over guardianship to us without her mother being present since she's a minor child and she is terrified of her mothers reaction to this since her mother is acting like the baby belongs to her personally.
    Thanks for the info. We now know what we need to do to settle this case.
    FYI: you are correct. I was in no way implying we were the better option because we have more income. I see now where it might have sounded that way.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: 15 Year Old Son and Girlfriend Have Baby Due in August, Paternal Grandparents Fil

    Quote Quoting sfleming020112@gmail.com
    View Post
    I think I left out some viable information. The mother and father are in agreement with my husband and I being the legal guardians with my son having primary custody. It's the maternal grandparents who are doing all possible to keep the baby from me and my husband. They are fine with my son (the father), just not fans of us. The kids, cause that's what they are, know they can't take care of this baby by themselves.
    Alabama law won't allow the mother to sign over guardianship to us without her mother being present since she's a minor child and she is terrified of her mothers reaction to this since her mother is acting like the baby belongs to her personally.
    Thanks for the info. We now know what we need to do to settle this case.
    FYI: you are correct. I was in no way implying we were the better option because we have more income. I see now where it might have sounded that way.
    You are discussing something that important with someone else's minor child, without that minor child's parents present? That is very poorly done on your part.

  6. #6
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: 15 Year Old Son and Girlfriend Have Baby Due in August, Paternal Grandparents Fil

    Quote Quoting sfleming020112@gmail.com
    View Post
    I think I left out some viable information. The mother and father are in agreement with my husband and I being the legal guardians with my son having primary custody. It's the maternal grandparents who are doing all possible to keep the baby from me and my husband. They are fine with my son (the father), just not fans of us. The kids, cause that's what they are, know they can't take care of this baby by themselves.
    Alabama law won't allow the mother to sign over guardianship to us without her mother being present since she's a minor child and she is terrified of her mothers reaction to this since her mother is acting like the baby belongs to her personally.
    Thanks for the info. We now know what we need to do to settle this case.
    FYI: you are correct. I was in no way implying we were the better option because we have more income. I see now where it might have sounded that way.
    You seem to be acting like this baby belongs to you personally. As though you have rights. You don't.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 15 Year Old Son and Girlfriend Have Baby Due in August, Paternal Grandparents Fil

    Quote Quoting sfleming020112@gmail.com
    View Post
    My husband and I, the paternal grandparents, plan to file guardianship on belt of our son.
    You would be seeking guardianship on behalf of the grandchild, not your child.
    Quote Quoting sfleming020112@gmail.com
    Long story short, our home, financial status, educational levels, etc are much more favorable for caring for a child than the maternal grandparents situation. Neither of the parents, my son or the girlfriend, have job or even drivers license. The mother of the child has told me her family plans to sign the baby up for government assistance checks and any assistance available to them. We can care for the baby on our sons behalf without any of that.
    Is it correct to infer that the child presently lives with the mother and her parents, and that you want to get guardianship so that you can move the child away from mom and into your home.
    Quote Quoting sfleming020112@gmail.com
    My question is: Wouldn't a court immediately appoint a guardian in this case considering the age and statuses of the parents?
    No.
    Quote Quoting sfleming020112@gmail.com
    What factors are taken into consideration when a court is deciding the best plan/placement for a baby?
    The court would start by examining what the parents of the child want, and what they have been doing. If the mother is caring for her child and the living arrangement is reasonable, even if the mother's parents are not as affluent as you, there's no compelling reason to change the child's home, let alone to take the child away from the mother and primary caregiver.
    Quote Quoting sfleming020112@gmail.com
    Our plan is NOT to take the baby from my son or the mother.
    It sounds like your plan is to take custody away from the mother, to relocate the child to your home, and to leave the mother with some form of visitation.
    Quote Quoting sfleming020112@gmail.com
    It's simply to file for guardianship to help care for the child until they can finish high school and properly care for,a child by themselves.
    Why can't you provide that assistance without a guardianship?
    Quote Quoting sfleming020112@gmail.com
    It's the maternal grandparents who are doing all possible to keep the baby from me and my husband. They are fine with my son (the father), just not fans of us.
    It seems like those sentiments are mutual.
    Quote Quoting sfleming020112@gmail.com
    Alabama law won't allow the mother to sign over guardianship to us without her mother being present since she's a minor child and she is terrified of her mothers reaction to this since her mother is acting like the baby belongs to her personally.
    The only place that Alabama allows a parent to designate a guardian for a minor child is in a will. A parent, through a power of attorney, may also delegate certain parental responsibilities to a third party for a period not to exceed one year. Any other appointment must be made by a court.

    The mother may also be terrified about how you would react if she tells you that she in fact wants to keep custody of her baby.

    If you were to commence a court action to try to become the child's guardians, the mother would have the right to oppose your petition and the mother's parents would have the right to ask that, if the court finds a guardianship to be warranted, they be appointed.

    Although not required, Alabama is among the states that strongly urge people who are filing petitions for guardianship to retain a lawyer to assist them.

  8. #8
    Join Date
    Jun 2011
    Posts
    157

    Default Re: Will a Court Appoint Guardians for a Child of Minor Parents

    Why not help your son get a job and a driver's license? Then he CAN support his own child.

    And the grandparents, for all their money and education, apparently failed at teaching their son about birth control and pregnancy.

  9. #9
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: 15 Year Old Son and Girlfriend Have Baby Due in August, Paternal Grandparents Fil

    Quote Quoting Mr. Knowitall
    View Post
    You would be seeking guardianship on behalf of the grandchild, not your child.

    Is it correct to infer that the child presently lives with the mother and her parents, and that you want to get guardianship so that you can move the child away from mom and into your home.

    No.

    The court would start by examining what the parents of the child want, and what they have been doing. If the mother is caring for her child and the living arrangement is reasonable, even if the mother's parents are not as affluent as you, there's no compelling reason to change the child's home, let alone to take the child away from the mother and primary caregiver.

    It sounds like your plan is to take custody away from the mother, to relocate the child to your home, and to leave the mother with some form of visitation.

    Why can't you provide that assistance without a guardianship?

    It seems like those sentiments are mutual.

    The only place that Alabama allows a parent to designate a guardian for a minor child is in a will. A parent, through a power of attorney, may also delegate certain parental responsibilities to a third party for a period not to exceed one year. Any other appointment must be made by a court.

    The mother may also be terrified about how you would react if she tells you that she in fact wants to keep custody of her baby.

    If you were to commence a court action to try to become the child's guardians, the mother would have the right to oppose your petition and the mother's parents would have the right to ask that, if the court finds a guardianship to be warranted, they be appointed.

    Although not required, Alabama is among the states that strongly urge people who are filing petitions for guardianship to retain a lawyer to assist them.
    Where is the like button? x1000.

  10. #10
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: 15 Year Old Son and Girlfriend Have Baby Due in August, Paternal Grandparents Fil

    Bear one other thing in mind. If you pursue formal guardianship of the child and lose, you risk alienating the mother so much (and perhaps your son too) for trying to take her child away that she will not cooperate in any fashion to let you see the grandchild. In the long term, if you wish a relationship with the grandchild you will need to foster a good relationship with the parents. Starting out first thing trying to take the baby from the mother is certainly not helpful to you in doing that. You might want to dial back your urge to try to take over this situation. Like it or not, you are not the parents and what you can do is going to be limited.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Guardianship: How Can a Minor's Parents Appoint Out-of-State Guardians
    By thelastleo in forum Disability and Elder Law
    Replies: 9
    Last Post: 11-29-2014, 04:11 PM
  2. Hearings and Trials: Can Parents Attend Court in Place of Their Child if the Child is a Minor
    By Travis Lionel in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 09-07-2012, 07:38 AM
  3. Guardianship Petitions: How Do I Appoint Co-Guardians for My Minor Daughter
    By momma44 in forum Disability and Elder Law
    Replies: 1
    Last Post: 10-19-2010, 06:08 PM
  4. Guardianship Petitions: Appointment of Co-Guardians of Minor Children Upon the Parents' Death
    By pblawman in forum Disability and Elder Law
    Replies: 2
    Last Post: 11-25-2007, 04:59 PM
  5. Retail Fraud / Shoplifting: Are parents/guardians required to come to court with teen?
    By PlzHelpMe in forum Criminal Charges
    Replies: 1
    Last Post: 02-13-2006, 10:39 AM
 
 
Sponsored Links

Legal Help, Information and Resources