i have a son who is 1 years old . His dad has been locked up for 11 months now but has to do 4 years , my son's father gets mad if i dont let my son see his grandparents on the days they want his but the thing is i do let them see him . my son's grandparents want to keep my baby and raise him as there own . the father wants to give his rights over to his dad which is my son's grandpa . what i want to know is , how do i go about finding out if the father even has rights ? .

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Jodi - posted on 03/05/2013

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Firstly, the biological father has rights. Period. You don't need to go about finding this out, because every biological parent has rights unless they have them taken away or have signed them away.

His father can't give his rights over to anyone except you. The grandparents, at this point, have no legal rights (although it is great that you are keeping them in your son's life, as he really does have the right to get to know both sides of the family). In some places, grandparents can file for visitation rights, but the father can't just give them his rights.

The best thing you could probably do, at this point, is see a lawyer about drawing up a custody order, giving you full custody. If you don't have that on paper, it could get very messy down the track. You will then be in a place of security when negotiating visits with the grandparents, and later on in life, with the father.

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Jodi - posted on 03/05/2013

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I think you would find that if he has a DNA test, and decided to take you to court, he would have rights, so yeah, he has rights, it's just a technicality.

Asia - posted on 03/05/2013

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the biological dad's name is not on the birth certificate soo i dont think he has ever had rights .

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