Legal Question in Family Law in Missouri

What are my legal rights as a grandparent?

Hello,

Question:

If paternity has not been established for an infant due to the fact that the possible father of the child does not carry ID or drivers license and refused to give that information at the hospital where the child was born, therefore is not on the birth certificate as the father of said infant. The infant carries his last name but only the birth mother is noted on the birth certificate.

In the event that the 'father' of the child wants custody and visitation rights, and the child has been abandoned to him by the birth mother, does he have a legal claim to this child?

The child has been abandoned to the care of the grandmother on the daughter's side and is currently residing with her mother and grandmother at the grandmother's residence, included in the household lease.

The grand mother has in her posession a signed statement signed by the father and the mother of the infant stating that they have voluntarily agreed for the child and mother to reside with the grandmother.

Does this man have any legal right to the child? What can the grandmother do in the event that the mother abandons the child? Can she assume guardianship of the child?


Asked on 10/04/06, 1:10 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: What are my legal rights as a grandparent?

The biological father has absolutely no rights to the child unless he or someone else files a paternity suit and he is determined to be the legal father. As far as the grandparent rights issue, I believe that the mother or possibly even the grandmother can Petition the Court to establish a guardianship. The state can also become involved and place the child either with the grandmother temporarily or in a foster home. In my opinion, if the grandmother is able and willing to provide a good home and upbringing, then it would be best for the grandmother to attempt the guardianship rather than allow either the father or the state to take this child.

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Answered on 10/04/06, 8:29 pm


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