Asked 1/16/2012
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I have had my 2 children back now for 8 months. Their mom signed a power of attorney for them to her mom (their grandma). How do I go about filing for custody now that they are back in my care? We were never married. I have my kids and want to keep them, but their grandma threstens she will file for custody of she finds out I am trying to file. She has a power of attorney from their mom. Their mom has not been an active part in their lives for a couple years now. She has addiction problems. I dont want to ever keep the kids from either party, but I do feel that its my right to have custody since I care for my kids without help or child support. Wich I do not want from her. I feel stuck because I cannot afford an attorney. |
Answer 1/1 - Submitted 1/17/2012
Go to your local courthouse and talk to a court clerk. The court clerk will be the one person who can normally answer your questions (if s/he has the time) and not charge you a cent for the information. The court clerk will explain that you can file for full custody of the kids, and that unless you have done something to help her get custody, the judge will NOT take them from you just because grandma wants the kids.
As the biological parent (Your name is at least on the birth certificate, isn't it?), the judge will weigh the evidence in your favor while deciding how much child support mom has to pay each month. (You can sign off on mom paying any child support if you want after court is over, but the judge WILL assign a monthly amount for mom to pay whether you ask for it or not.) The child support is not for you, IT IS FOR THE CHILDREN! I am not sure I would tell the judge you don't want it, either. THAT statement might go against you in the judges mind. (When I was getting custody of my daughter, I only ask for $75 a month child support (That was how much the insurance for my daughter cost me each month. I just wanted my ex to help a little bit.) The judge told my ex to take the offer, because I was not very intelligent if that was all I was going to ask for.) (She didn't!)
Now, your ex might stand a better chance than grandma (with or without the Power of Attorney grandma is threatening you with) at getting custody if she can clean up and live decently for a while (if she can make your court battle stretch out long enough for the judge to think she will do a good job with the kids now).
As long as you don't do anything stupid, you should be able to get full physical custody with little problem. (Yes, grandma can hire an attorney and be a sh*t in court, but she probably can only make problems, not win custody.)
Since mom has drug problems, you can get supervised visitation for her. (You don't want the kids around her if she is high.) You might also offer grandma one Saturday every other week to have the kids. (That might keep her from wasting her money trying to sue you for custody.)
Good luck.
Daddyevil
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