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Step Parent Seeks Custody After Death

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  • 11-28-2011, 01:26 PM
    tpro
    Step Parent Seeks Custody After Death
    My question involves a child custody case from the State of: Illinois.

    Here is the fact pattern:
    Child A is born to Man (Father) and Woman (Mother). Parents never marry and split apart beforechild is born.

    The mother (now "Wife") marries a different man, ("Husband") and they live together with Child from the time Child is 6 months old. Husband and Wife have another child together.

    The father of Child has ALWAYS had visitation. He has USUALLY made time to visit and spend time with the child.

    Wife becomes ill 13 years later and subsequently passes away. Husband, Child and the sibling of Child all want to remain under the same roof with Husband. Child has made this clear to everyone.

    Father owes Husband over $100,000 in child support. Father has never wanted Child to live with him, but now wants her as he wants control of the major trust fund that Child has from her late Mother.

    Father was recently charged with abuse of Child. Child is 14 years old and wants to be with her sibling and friends in the neighborhood where she has always lived. Father lives 30 miles away.

    Question: Are there any cases that support Husband gaining custody of the Child??
  • 11-28-2011, 01:31 PM
    Dogmatique
    Re: Step Parent Seeks Custody After Death
    Tell us more about the child abuse charges and what's happening there.

    It's important.
  • 11-29-2011, 05:59 AM
    tpro
    Re: Step Parent Seeks Custody After Death
    The abuse allegation took place after the mother's passing. The father came to pick up the child. The child did not want to go with the father. They argued in the car and the father "struggled" with the child in the vehicle. There was tight grabbing and the child was screaming. A neighbor of the child witnessed the incident. I do NOT believe that there was slapping or punching.
  • 11-29-2011, 06:16 AM
    Disagreeable
    Re: Step Parent Seeks Custody After Death
    Your contention of abuse sounds contrived and intended to create a false impression of impropriety. I think it speaks greatly of the lengths the child and you are willing to go through to keep this man from his child.
  • 11-29-2011, 12:44 PM
    Dogmatique
    Re: Step Parent Seeks Custody After Death
    Was the charge substantiated?

    Has Dad's current visitation been altered as a result?
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