Q: How can a probate judge decide who gets guardianship over a 16 mos old, but isnt permitted to issue visitation orders?
I am the paternal granmother to the baby. The parents are not married. My son had temp custody becausecthe mother is a homeless iv drug user. I have been in the babys life everday since ibirth. The maternai grandmother has seen the baby a handful of times in 16 mos with the last time being in Nov. The baby doesnt know whobshe or his own mother are as the mother rarely showed for visits. Both parents were incarcerated and my son left the baby with me. I had him for a mos when blindsided by an order that the grandmother filedcfor emergency guardianship under false pretenses claiming she didnt know wherevthe baby was and feared for him. We went to court yesterday and the judge awarded her to retain guardianship. He didnt consider the child doesnt know her. The maternal grandmother is already raising 2 other children her daughter had and left with her. Therefore, he should be with his bros. Judge strongly suggested we have liberal visitation but didnt have authority to order it. Why not?
A: The probate judge could not help because visitation issues are not within the scope of the probate division. These issues need to be addressed to the family court. You may have grandparent visitation rights in family court and you may also have the right to in loco parentis custody of this child. You may need the support of your son, the father of this baby.
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