Legal Question in Family Law in Missouri

My sons girlfriend has phsyical custody of their child and is her guardian.....child.now 101/2.

The child is his but does not have his name but he is named as father on the birth certificate.

The Mother is on parole plus has broken parole with more than one violation...drug use, no job, and not paying her 2 or 3 court payments she owes in different county courts for convictions.

. She still steals and lies and is really a bad influence on the child.

Also is neglectful.

Does not leave the child alone but does drop her for days at a time (like 5) at relatives..even Xmas from the day the child got out of school until the day school let back in including xmas and xmas eve didnt not even call her on the phone, much less see her all that time even on Xmas or xmas eve. .EXCEPT called once the monday after Xmas and talked literally 2 minutes tops to the child..

My son the father and i have had mostly custody of her wjhile she was in jail for 4 months and while she was in jail rehab for 3 months and when her Mom doesnt pick her up or just leaves her or when she lived here she went out for the whole weekend most weekends...didnt come home and we had her.ourselves...

Her father works full time same place last 3 or 4 years and is a concerned father but has his imperfections too. None illegal however.

I am so worried about the child and my son has mentioned joint cutody of her.

How easy would it be to get since her MOM is still most probably running from the law.?

The child does go to the same school as MOM is living with a "friend"somwhere in the school district we think but dont know where she really is.. we have no address or phone number.

but something could be served to her thereI imagine since she always picks Justine up thinks thats being a good MOM dont let yur child ride the bus..BUT .Do steal in front of her, tell her about your abortions, smoke pot in front of her..(all from the childs mouth)

When school went back in session after xmas she picked my grand daughter up from school that day and we havent seen or heard from her since ...more than 2 weeks now.

The child called today and wanted to be picked up from school "HURRY grandma!" she said....

. Her Mom didnt come to get her today.....

But as i drove to get her she called back and said her MOM called school and was on her way.She didnt sounded disapointed. Probably was as she hasnt seen her friends or spoken to them on the phone..since Xmas except at aschool.My son and I take her to see them and pick them up to come here ...when shes here.....

I dont even think the child wants to be there as shes bored.. All her friends call her here and see her here.

She said she has no friends where ever she is.with her MOM.. but she has this mOM who is not a good one and she feels she might leave her if she ever goes against her so I think she is afraid to challenge her to ask can she call or come here...

My opinion of course but I do know how her MOM operates and she will punish her by not being with her a while.... if she goes against her in anyway so my grand daughter is afraid to go against her as she does love her. .

What do we do ?.What can be done? Is it expensive? We dont have a lot of money I am on social security and he is in construction so works when he can but often not a 40 hour week with the economy and new home starts as they are. Around Thanksgiving when my son saw his x last he said to her Justine should stay with us until she got her own life settled.

the X said Justine was her daughter and she would decide what is done with her.


Asked on 1/18/10, 3:14 pm

1 Answer from Attorneys

Anthony Smith LawSmith

You did not indicate whether there is any Custody Order, from a court, regrading your granddaughter. If not, then the parents share custody rights and responsibilities. Your Son can keep his daughter with him. If he chooses, he can Petitiont eh court for an

Order fo paternity and for an Order granting him sole of shared custody. How expensive it is, is determiend by how much wrangling back and forth the parents do.

Good luck

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Answered on 1/25/10, 10:21 am


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