What to do when ex-girlfriend does not allow anyone in our family to see or talk to our granddaughter?
Question Details:
My son and his ex girlfriend have a daughter who the girlfriend is not allowing anyone of our family to see or talk their daughter. There is no formal custody order giving the mother rights over the daughter. My son wants to visit and talk to his daughter but the mother ignores the phone calls and emails (from him as well as from myself requesting to visit my granddaughter). She ignores my requests or has an excuse each time. She emailed that she plans to take the girl out of state for Xmas, although it is his year for her. He told her he plans to be in Idaho for the week.
Divorce, Marriage, Alimony Law Answers
A single mother doesn't need a formal custody order, any more than married parents do. She has full legal custody, until and unless a court enters an order that says otherwise.
At the same time, however, your son would be able to get an order giving him time with his daughter, if he goes to court and applies for it, as long as there's no evidence that this would not be in the child's best interest: the law presumes that a healthy relationship with both parents is going to be best for the child. That court proceeding is going to have to be in Idaho, if that's where the child has been living for the past six months or longer. Of course, your son would have to expect that the mother would at least file an application for child support in return -- and until and unless that order is entered, he doesn't have to give her a cent.
Related Divorce, Marriage, Alimony Questions
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen210 Answers|Points 10500Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen210 Answers|Points 10500Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
- Questions from Idaho
- Divorce, Marriage, Alimony Law Questions
- Idaho Divorce, Marriage, Alimony Law Questions
 |