Legal Question in Family Law in California
My unmarried 17 yr old daughter is due to have her first child just before or on her 18th birthday. She is not in a relationship, other than friendly, with the 19 yr old father. My daughter who still lives with her father and I will be moving with us out of state at the beginning of next year or possibly sooner. This job relocation for her father was planned before the pregancy came about. Is it possible that the father's mother (grandmother) could try to keep my daughter here to keep the baby in the state? What rights does she have as a grandparent and what rights do my husband and I have given that our daughter is still a minor and is solely supported by us as is the baby at this point?
Please let me know by email if I can answer follow up questions to clarify the situation more.
2 Answers from Attorneys
Since your daughter will be 18 around the same time the baby is born, any issues about her being a minor now or you supporting her are not going to matter. I don't know how soon the baby is due, but any motions (except emergency or domestic violence filings) take about 30 days to get into court from the time the papers are filed. Additionally, the father and your daughter will likely want a DNA test to confirm he is the father before they proceed with litigating custody, visitation, & support. Again, this will take some time.
The Paternal Grandmother isn't the person that could cause a problem (unless she is the one pushing the father on how to handle the situation). The father could request the child not be permitted to move out of the state and ask that he have primary custody if your daughter does move. Asking for an order and obtaining one are very different though. Move away orders are often the most difficult issues to litigate and they are very factually intensive inquiries. CA law seeks to insure that both parents are able to have meaningful and frequent contact with their children. That can be tough when one parent moves out of state. If your daughter desires to move with the child, I highly recommend she retain an experienced attorney to assit with obtaining the necessary orders.
Ms. Burke gave you a very good answer. Just to elaborate a little, the reason the grandmother isn't the person who could cause a problem, at least not legally, is because she has no rights. Once your daughter is 18, neither will you. Grandparents have no legal standing to make any claims, demands or anything else in their children's child custody cases. One other thing bears mentioning. It is kind of the elephant sitting in the corner maybe no one wants to talk about here, but the boy is guilty of statutory rape. If he wants to assert custody rights, he is confessing the crime. As Ms. Burke says, it will be a very fact intensive inquiry if there is a dispute about your daughter moving with you, but that could be a relevant one.