Grandma wants full custody

DEAR MRS MACAULAY,

I am a teacher by profession and the grandmother of a four year old boy, my daughter’s child.

I want full custody of my grandson. He has been living with me from September 2022, when my daughter left him with me. His father is here in Jamaica, but has wanted nothing to do with him from he was born.

I asked both parties if they were willing to give me custody and they both agreed.

My daughter is not in Jamaica. I would like to know if I am qualified, and what are the next steps.

The answer to you first question is yes, you are qualified to have custody and I add, care and control of your grandson, as you have been his de facto custodian since he was left with you by his mother. You have also removed the hurdle of having to struggle to obtain the agreement of the parents for you to have sole custody and care and control of him. This you should state in your affidavit in support of your application for custody, in which you must name your daughter and the father as the respondents to your application.

The first thing you must do is to make sure that you have a certified copy of your grandson’s birth certificate, a copy of which must be exhibited to your affidavit in support of your application. The original certified copy must be filed with your application, which must be made to the Supreme Court. Your next step is to obtain the services of an attorney to prepare and file your application, which will name your daughter and the father as respondents to your claim. Your affidavit in support of your claim must detail your relevant particulars, that is to say your full and proper name, your address, your profession, the fact that you are the maternal grandmother and the applicant for the orders that you are seeking, and that your daughter is the mother. Give her full name, profession/occupation and say that she is abroad and where and how long she expects to be away, and that she left her child in your custody and care. You must also give the father’s full name, address and profession/occupation and relate the fact of his lack of interest in his child. You must also clearly relate the fact that both of them have agreed that you should have sole custody and care and control of their child.

Most important is the inclusion in your affidavit of the full name of your grandson, his date of birth and that he resides with you and has done so since September 2022. State that from that time, you have made all decisions about his upbringing and his daily life. You must give details of the school he attends or that he was or is home schooled by you, and the church he attends and where he receives religious instruction, and whether he is healthy. You must also give a description of your home, to show that you have adequate space for him to reside in a safe environment. You also must detail how provision is made for his maintenance and by whom, and if this person (you?) can or intend to continue to do so during the years of your grandson’s upbringing, without any recourse to any other person. You can and should add that you fervently believe that this is in his best interests and ideal for his wholesome development and upbringing. If someone else is contributing to his maintenance, you must also include this fact in your affidavit in support.

Your daughter and the father must be served with your application and your affidavit in support, because they being the parents must themselves tell the court that they agree with your application, because with the circumstances of their lives, such orders are and would continue to be in the best interests of their child. Your lawyer would assist you with proof of service on them. They must be made to understand their role and that they must file their answers to your application, so that the matter is not unduly delayed, which it would be if they remain silent.

Their Acknowledgment of Service must be filed by each of them and they can state in it their agreement to your application. You see, the court must hear from them and cannot rely on your say-so only that they agree for you to have sole and full custody and care and control of their child. It is the least they can do in the circumstances to ensure that their son is properly cared for, because you need the orders to be able to legally make all the necessary decisions for his schooling or for participating in sports, to take swimming lessons, for his health for medical treatment, or even to have any medical test done. You have to have the orders from the court to enable you and to protect their son’s welfare.

I applaud your decision and wish you and your grandson all the best.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

DISCLAIMER:

The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.