I am the step mom of a daughter who just passed, she and her daughter were living with me at the time of her passing. My granddaughters father was never married to the mother but is on the birth certificate and has been in my granddaughters life. He is not legitimized as her father, can i keep my granddaughter from him? Or are there ways he can take her from me?
2 Answers from Attorneys
You could apply for guardianship of the child in the Probate Court of the county where the child resides. If a parent objects to the guardianship, the court will automatically dismiss the guardianship unless the objecting parent does not have legal custody of the child (the parents were not married at the birth of the child, and the father has not legitimated (AS APPEARS TO BE THE CASE HERE); OR the parents are divorced and only one parent has custody of the child). If the objecting parent does not have legal custody, there will be a hearing on the matter. Additionally, the parents may approve of the guardianship, but object to the person applying for guardianship (for example, they want someone else to be the guardian). In this case, there will also be a hearing. The parents have a limited time to object to the court, depending on the method of notice.
It is his daughter! Of course he might be able to take his daughter from a step-grandparent. On what basis do you believe you should keep her from him if he wants to take custody?