All Woman
  • Home
  • Relationships
  • Features
  • Fashion & Beauty
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
    • Home
    • Relationships
    • Features
    • Fashion & Beauty
    • Health & Fitness
    • Your Rights
    • Parenting
    • Advice
Absentee dad got married, now wants custody
All Woman, Features, Your Rights
 on August 24, 2026

Absentee dad got married, now wants custody

Margarette Macaulay 

DEAR MRS MACAULAY, My daughter migrated and my grand-daughter, who is nine, has lived with me and my husband for almost three years. Her father rarely visited, but got married recently and suddenly wants full custody. The child barely knows him. Do we have any legal standing to prevent this?

From your very concise letter, I cannot say whether your daughter had applied for and obtained a legal order of custody, care and control of her child. I deduce that your grandchild lived with her mother, your daughter, for the first six years of life, until she migrated. I also conclude that your daughter left her child in yours and your husband’s care when she migrated, thus making you both the guardians of her child. I assume that this was not done by a deed, but by word of mouth and the physical handing over of the child to you.

You have also not stated the details of your daughter’s request. Was it until she made an application and obtained the necessary visa for her daughter to join her abroad, or was it until the child attains majority? And also, was the “father” pursuant to the Registration (Births and Deaths) Act, registered as the father of the child? Or was he so declared by an order of a court?

It seems that all arrangements were done with the absence and non-intervention of your grandchild’s putative father. You also make no mention of whether he ever provided any maintenance for the child during the years the child has been with you and your husband, or while with your daughter. All these are pertinent questions as to his status, which the court ought to consider on his application for legal custody, whether full or joint, with you and/or the mother of the child.

It seems to me that you have concluded that because your daughter is abroad, she cannot intervene in any application made by the father, or file an application herself for legal custody (which she should have done before her departure and during the years of the non-interest or non-involvement of the putative father). But matters in the Family Court or the Supreme Court can be heard by video conferences/Zoom when a party is abroad (or in Jamaica but unable to attend personally). There is therefore no reason why your daughter cannot act herself or join with you to intervene in any action by the father.

The question you want answered is whether you and your husband as grandparents can intervene in the court to stop the presumed father from obtaining a legal custody order. By the way, I know of instances like this when such fathers get police officers to accompany them to “collect” their children, and these officers insist that the father has the legal right to the child. But in such circumstances, the officer should advise the father to go and apply for custody in the Family Court, and the application must be served on the person with whom the child is residing. It is for the court to decide and make any order for the custody, care and control of a child who has not had any relationship with his/her presumed father. A police officer is not a judge or jury in any legal matter.

If this happens, do not accede to any pressures of a police officer. Rather, call the station and speak with the officer in charge and report what is happening. Such matters where the father has been absent from the life of his purported child for years must be decided by in a court of law and not a police officer.

Your position raises several issues of facts and law which need to be considered and determined by the court in the circumstances you have sparsely related. The court, pursuant to the Children (Guardianship and Custody) Act, has a discretion, when a child was allowed to be brought up by another person (you and your husband), and where a father abandoned or deserted the child, to make an order that is not averse to the best interests and welfare of the child.

It is my opinion that you and your husband could act both as the guardians of the child and grandparents who were made the guardians by your daughter who had full custody of the child while the father showed hardly any interest in the child. I am also assuming that your grandchild is still with you, and you refused to just hand the child over to this father, because you and your husband are the child’s guardians appointed by the mother who had full custody and care and control.

So you can intervene as the de facto guardians and apply to be so declared, and for full legal custody of the child, with the consent of your daughter, evidenced in an affidavit sworn to by her. These applications must be made in the Supreme Court.

I must advise you, however, to retain an attorney-at-law to represent yours, your daughter’s, and your grandchild’s interests by preparing and filing the necessary applications and affidavits in support in the Supreme Court or Family Court of your parish, whichever is relevant. If the father has applied, file your defence as quickly as possible. Remember, your daughter can also be a party to the application.

It is such a pity that your daughter, like so many others, made these important decisions which direct the lives of so many children without first seeking and obtaining legal advice. Legal consultation and advice protect the rights and lives of so many, and ultimately save anguish, worry and money.

Your lawyer can also add that an access order be made to enable the father to have specific access periods with the child, so that a relationship can develop between them as the law intends, and also to ensure that the rights of the child are recognised, respected and upheld.

So please act as quickly as you can to obtain the services of a lawyer to act for you all in this very important matter.

All the very 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. All responses are published. Mrs Macaulay cannot provide personal responses.

{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
0 Comments · Make a comment

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy
ALSO ON ALL WOMAN
Cradling the mother: How Simeca Alexander Williamson is revolutionising Jamaica’s maternal care
All Woman, Features
Cradling the mother: How Simeca Alexander Williamson is revolutionising Jamaica’s maternal care
October 5, 2026
SITTING inside her car outside Kingston’s Victoria Jubilee Hospital (VJH) in 2021, Simeca Alexander Williamson needed a moment to breathe. It was at t...
{"allwoman":"All Woman"}
Does my husband have a second wife?
All Woman, Your Rights
Does my husband have a second wife?
Margarette May Macaulay 
October 5, 2026
DEAR MRS MACAULAY, I am an American married to a Jamaican man for two years. At the time of our marriage I was aware of an ex-wife, and he produced di...
{"allwoman":"All Woman"}
Stepmom feeling disrespected, unappreciated
Advice, All Woman
Stepmom feeling disrespected, unappreciated
Rev Chris Brodber 
October 5, 2026
Counsellor, I’ve been with my partner for six years, and we have been living together for the past three. He has two children from a previous relation...
{"allwoman":"All Woman"}
How to help your husband when he’s not a good lover
All Woman, Relationships
How to help your husband when he’s not a good lover
Marie Berbick 
October 5, 2026
WHAT do you do when you love your husband, but you are not happy with what is happening in the bedroom? Maybe he is a good provider. Maybe he is a goo...
{"allwoman":"All Woman"}
By design: Dr Nastassia Tate’s five years of healing women, wholly
All Woman, Features
By design: Dr Nastassia Tate’s five years of healing women, wholly
September 28, 2026
SHE nearly quit. Midway through her obstetrics and gynaecology internship, grief-stricken after losing her father, Dr Nastassia Tate called her consul...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
He doesn’t believe in marriage
Advice, All Woman, Features
He doesn’t believe in marriage
Rev Chris Brodber 
September 28, 2026
COUNSELLOR, My babyfather recently told me that he has no intention of marrying me now or in the future, that he doesn’t believe in marriage, and that...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom hiding from dad’s paternity summons
All Woman, Features, Your Rights
Mom hiding from dad’s paternity summons
Margarette Macaulay 
September 28, 2026
DEAR MRS MACAULAY, I went to court for a declaration of paternity for a child I believe is mine, who was registered in another man’s name. The mother ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
5 signs a man doesn’t care anymore
All Woman, Features, Relationships
5 signs a man doesn’t care anymore
Marie BERBICK-BAILEY 
September 28, 2026
LET’S have an honest conversation. Sometimes the hardest thing to admit is not that a relationship is struggling, but that the man you love may no lon...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
❮ ❯
Scroll
Polls
Cradling the mother: How Simeca Alexander Williamson is revolutionising Jamaica’s maternal care
All Woman, ...
Cradling the mother: How Simeca Alexander Williamson is revolutionising Jamaica’s maternal care
October 5, 2026
SITTING inside her car outside Kingston’s Victoria Jubilee Hospital (VJH) in 2021, Simeca Alexander Williamson needed a moment to breathe. It was at t...
{"allwoman":"All Woman"}
Does my husband have a second wife?
All Woman, ...
Does my husband have a second wife?
Margarette May Macaulay 
October 5, 2026
DEAR MRS MACAULAY, I am an American married to a Jamaican man for two years. At the time of our marriage I was aware of an ex-wife, and he produced di...
{"allwoman":"All Woman"}
Stepmom feeling disrespected, unappreciated
Advice, ...
Stepmom feeling disrespected, unappreciated
Rev Chris Brodber 
October 5, 2026
Counsellor, I’ve been with my partner for six years, and we have been living together for the past three. He has two children from a previous relation...
{"allwoman":"All Woman"}
How to help your husband when he’s not a good lover
All Woman, ...
How to help your husband when he’s not a good lover
Marie Berbick 
October 5, 2026
WHAT do you do when you love your husband, but you are not happy with what is happening in the bedroom? Maybe he is a good provider. Maybe he is a goo...
{"allwoman":"All Woman"}
By design: Dr Nastassia Tate’s five years of healing women, wholly
All Woman, ...
By design: Dr Nastassia Tate’s five years of healing women, wholly
September 28, 2026
SHE nearly quit. Midway through her obstetrics and gynaecology internship, grief-stricken after losing her father, Dr Nastassia Tate called her consul...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
Polls
Recent Posts
Cradling the mother: How Simeca Alexander Williamson is revolutionising Jamaica’s maternal care
All Woman, ...
Cradling the mother: How Simeca Alexander Williamson is revolutionising Jamaica’s maternal care
October 5, 2026
SITTING inside her car outside Kingston’s Victoria Jubilee Hospital (VJH) in 2021, Simeca Alexander Williamson needed a moment to breathe. It was at t...
{"allwoman":"All Woman"}
Does my husband have a second wife?
All Woman, ...
Does my husband have a second wife?
Margarette May Macaulay 
October 5, 2026
DEAR MRS MACAULAY, I am an American married to a Jamaican man for two years. At the time of our marriage I was aware of an ex-wife, and he produced di...
{"allwoman":"All Woman"}
Stepmom feeling disrespected, unappreciated
Advice, ...
Stepmom feeling disrespected, unappreciated
Rev Chris Brodber 
October 5, 2026
Counsellor, I’ve been with my partner for six years, and we have been living together for the past three. He has two children from a previous relation...
{"allwoman":"All Woman"}
How to help your husband when he’s not a good lover
All Woman, ...
How to help your husband when he’s not a good lover
Marie Berbick 
October 5, 2026
WHAT do you do when you love your husband, but you are not happy with what is happening in the bedroom? Maybe he is a good provider. Maybe he is a goo...
{"allwoman":"All Woman"}
By design: Dr Nastassia Tate’s five years of healing women, wholly
All Woman, ...
By design: Dr Nastassia Tate’s five years of healing women, wholly
September 28, 2026
SHE nearly quit. Midway through her obstetrics and gynaecology internship, grief-stricken after losing her father, Dr Nastassia Tate called her consul...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
All Woman
Jamaica Health, Beauty, Weddings &` Motherhood Stories for the Jamaican Woman.
Sections
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
Jamaica Observer, © All Rights Reserved