I have a couple questions to ask. I hope that is allowed on one post: Is it normal procedure at a custody hearing to not be able to state your side and defend yourself? Can grandparents be awarded custody if the parents are still married? Is there any sort of hearing that you have to go through to get a legal DNA test done?
My boyfriend's Ex Wife left him in March 2009, 2 weeks after their daughter was born and moved to VA to her parents' house (so he thougth). We live in PA. Since they were married at the time, it wasn't considered kidnapping. The Ex has not let him see his daughter or send any pictures and he has not been able to go see her because he didn't know exactly where she was because she wouldn't give him any information as to where she was actually living. In October, HER parents filed for custody against both of them because apparently they have been the ones that were taking care of the baby since May.The Ex took off and left the baby with them. He was not aware of any of this. So, the first custody hearing was in November. The judge for that hearing decided that the daughter should stay with the grandparents until another hearing/"trial"---not sure which one is correct to use, sorry--was done in December. The judge in that case DID NOT let him speak at all except to ask her parents a couple questions.... being so, he could not defend any of their so-called claims against him. The judge granted custody to the grandparents. He does not drink, do drugs and have any kind of criminal background at all. He has a license to carry a firearm so I'm sure that backs that claim up. The only thing that he is guilty of is not making more of an effort to find the Ex and his daughter sooner before all this happened. It shouldn't have gone this far. Of course, that is being held against him at this point too. Also, there is yet another hearing to come in March of this year to give the final ruling and he can appeal.
The twist to all this is the Ex is now claiming that his daughter is not his after all this time. She can't be trusted and she constantly lies about things. So in February he apparently has to go back down to VA again for a hearing to request a DNA test to be done. I am trying not to get involved too much in this whole mess but I have a feeling he's gonna get his hopes up for nothing.