Child Support Custody And Sister In Law

by Teresa Davis
(Batesville Arkansas)

Children At Party Eating Cake

Children At Party Eating Cake

Hi I am a grandmother of two of my son’s children which my hubby and I have had for almost 5years now. We went to court and filed for custody when we seen that it was very evident that there parents were not going to care for them as they should. (Drug related) After we had these children there was another child born to them. My sons and his wife have been separated for nearly 4 years now, and my sister in law cares for the other child most of the time. Where the mother is at this time who knows, their father my (son) has been in and out of jail and prison over the past 4 yrs, and is currently there now. I received papers from him a few weeks ago, and he said that his aunt (my sister-in law ) was filing for child support against him. My question is can she do that without having custody of the child? As far as the mother she comes and goes like the wind, and she has had no contact with her children, unless it’s at my sister in laws house.

She has never called and never asked to see the kids on her own behalf, just when there is a party at my sister in laws house for the children. As far as I know the mother still has custody of the child and she gets wic and food stamps for them and that is how she makes it swapping out for a place to live. My sister in law has had the child over the past 4 years, and is raising her as far as I know. We help out and give what we can. My son says that the child is not his, but who knows. We have no grounds to take this child, and really can’t afford to raise another child. This mother also has two more children by another guy and (she lost these children) Also they are now with their father, and we have not bothered to file child support from our son because he can barely keep a job,, and he would be in jail the rest of his life. I don’t want that to happen, and I have a brother who was taken advantage of and he lost all. So my question is, can my sister in law file for child support without having custody? Please let me know there is a hearing the 10th of November for my son. I will be there to see what happens.

Thank you

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Sorry For Your Troubles
by: Child Support America Team Member

Hello Teressa,

We are very sorry for your situation and we appreciate you being a wonderful grandmother. We don't think your sister in law can receive child support with having custody. It is a good idea to attend that hearing in November if you can.

She might be trying to file for custody and asking for child support at the hearing in one shot. Also we recommend that your son eventually gets a paternity test done, if he feels that the child might not be his.

Thanks and contact us anytime by responding back to this post.


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