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AIBU?

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Panicking about custody

6 replies

helpwiththecrazies · 08/08/2017 21:24

Really sorry for posting in AIBU please move accordingly if it's a problem - just desperate for some answers pretty quickly!

I had DC when I was 18. His dad wasn't interested in him and I went ahead with pregnancy on my own. He met him at nearly 3 months old after he insisted on a DNA test despite knowing he was my only partner.
We had the birth certificate amended and had his name and double barrelled the surname biggest mistake of my life
He never paid maintenance and was slack with seeing DC. However DC did see his grandparents most weekends.
When DC just turned 2 his dad went to prison for a serious offence.
DC is now very nearly 5. He has no memory of Dad, I am in a stable relationship, he calls DP a fatherly term and we have another child. DP pays for everything for DC as I am the low earner and they have a great relationship.
His relationship with his biological dad's parents is different now and contact is irregular but I do believe they are alright people, but they have behaved peculiarly at times and hide information to protect their son.
DC's biological dad is now out. His family did not inform me and I have been NC with him for over 2 years. DC never once visited him inside or had contact, he never sent birthday cards etc.
DCs grandparents asked if they could have DC for a few days this summer. I have said no as they failed to notify me that he was now out and living with them. They have made no further contact since. I believe they are seeking legal advice. So please someone tell me, what am I going to be faced with if this does go to court?
How much custody is his dad likely to get? If not him, can they give visiting rights to grandparents (not so worried about this however there have been some questionable incidents involving them)
Hope I have got all the necessary information out and happy to answer more questions if need be.

OP posts:
Allthewaves · 08/08/2017 21:39

You need to go and get legal advice

Racmactac · 08/08/2017 21:44

What did he go to prison for?
It doesn't sound like father will make an effort anyway so I wouldn't worry about him.

Grandparents could make an application but they will have to show that there has been a relationship and that they can put need of child before their own son.

helpwiththecrazies · 08/08/2017 21:46

@Allthewaves the legal advice we received was 'don't contact them, if they want contact they will take you to court and the courts will decide' so it wasn't all that helpful!

OP posts:
Rainbowqueeen · 08/08/2017 21:48

My understanding is that grandparents have very limited rights, for example when the child has lived with them and they were primary carers for a time.

The father is likely to get visitation if the court believes it is in your child's best interests. That is the paramount consideration.

Given your son does not know his dad at all, it should start off with supervised short visits and build up gradually.

It sounds like it is the grandparents pushing this though, not the dad so it is likely to come to nothing. Horrible for you in the meantime though. Can you get some initial legal advice? Then at least you know where you stand

helpwiththecrazies · 08/08/2017 21:48

@Racmactac possession of a firearm.
Cleared of attempted murder. A few months before that he was found not guilty of armed robbery if that makes a difference.
During this period of time he did not see DC either as I was horrified by all that was going on.

Makes me feel sick all over again just thinking about it.

OP posts:
Alexandra87 · 08/08/2017 21:57

Grandparents can apply for visitation. I know someone who's dc had minimal contact with paternal grandparents but the courts granted supervised access once a fortnight. The grandparents had never been massively involved in the dcs lives before this. I suppose until they come out and tell you what they want there's not a lot you can do. Seems like your sons dad has been inside for some pretty serious stuff though so can't see him getting access and if you think they will accommodate access if they were granted access to the child the court will deem it necessary for them to have supervised access.

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