Doesa grandmother have any legal rights toa child if the father is not on the birth certificateand is under the age of 18?
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Doesa grandmother have any legal rights toa child if the father is not on the birth certificateand is under the age of 18?
My son’s father’s mother is harassing me about no longer letting him go to their home. Can my child’s grandmother call social services saying I don’t have proper living arrangements just because she has a grudge with me?
Asked on October 3, 2011 under Family Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay, wel you have two very different issues and questions going on here. First, let me state that any one can call social services on any one if they think that there is an issue with the safety and well being of a child. Certain people - like teachers and doctors - are what are known as mandatory reporters of cases that involve children and their best interests. As for whether or not the allegations will hold up after investigation that is a different story. Now, as for her rights, yes, grandparents have rights in the state of Wisconsin. They are under the laws that deal with rights of third parties. She can go to court and assert them at any time. The fact that the father is not on the birth certificate may not matter if it has been estalished that he is fact the father. I would speak with some one on this matter right away to help you otain the court order you need to establish your rights here. A grandparent's rights are not primary to a parents rights. Good luck.
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