Legal Question in Family Law in Michigan

Grandchild

Grand daughter was sexualy abused in home of maternal grandmother by Grandmas boyfriend.He was caught but Grandmother has a son who also abused my granddaughter, still living with her. I am paternal grandmother and want granddaughter out of there,shes not safe. Paternity was never legaly established on my son.Do I stand a chance in court to get custody even though I have no legal right to her? Father is not in state but would be willing to take a paternity test. I only want for her to be safe. The maternal Grandmother has been under investigation from protective services before. Her son was a minor when he was convicted of molesting my granddaughter and was placed on sex offender registry. Please Help Me. I believe my granddaughter is in danger and she is only nine. I want to take her but if I can't have her I would be happy just to see her safe. Protective Sevices will not help her. I dont know why maternal Grandmother continues to put her in danger I can only coclude she does not care.


Asked on 8/31/06, 10:58 am

1 Answer from Attorneys
Christopher Kohler Kohler & Associates, P.C.

Re: Grandchild

You have presented many legal isues with your question. First, paternity must be established if you want to take any legal action on the part of this little girl. Before anything is filed, please be advised that, if your son is this child's father, establishment of paternity will expose to back payments of child support retroactive to the child's 6th birthday, and maybe further. Second, once your son has established paternity, he can file a motion for change of custody. Should you wish to take direct action yourself, you will first need to file for Guardianship papers of your granddaughter. If they are granted, you would then be in a position to file a 3rd party custody complaint which would then proceed in the probate court. I hope this answers your question.

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Answered on 8/31/06, 11:23 am


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