ExpertLaw.com Forums

Can I Keep Custody of My Fiancée's Child While She's in Jail, Against Father's Wishes

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
  • 05-20-2013, 07:09 PM
    nblank
    Can I Keep Custody of My Fiancée's Child While She's in Jail, Against Father's Wishes
    My question involves a child custody case from the State of: Nebraska

    My fiance was taken to jail (5 months left) and her son was placed in my custody (legally/notorized). He has lived with me for almost 3 years as well as her. The father is behind in support, doesn't have a steady job, just moved out of parents house and is now, after 4 months in my care/custody, saying he is going to take him and i have no rights. I have been his primary financial care-giver for these 3 years and the father doesn't have any parental rights in the current arrangement. Please help! There is no question I am the most steady and dependable care-giver and he has thrived while under my care.
  • 05-20-2013, 07:11 PM
    Dogmatique
    Re: Non-Bio Guardian vs. Bio Non-Custodial
    Please clarify - did the COURT award you custody?
  • 05-20-2013, 07:16 PM
    nblank
    Re: Non-Bio Guardian vs. Bio Non-Custodial
    no, i was given temporary guardianship papers, unopposed for 6 months.
  • 05-20-2013, 07:16 PM
    llworking
    Re: Non-Bio Guardian vs. Bio Non-Custodial
    Quote:

    Quoting Dogmatique
    View Post
    Please clarify - did the COURT award you custody?

    Yes, by legally/notarized do you mean that mom simply gave you custody by writing it up and getting her signature notarized, or did a judge sign off on it?
  • 05-20-2013, 07:17 PM
    nblank
    Re: Non-Bio Guardian vs. Bio Non-Custodial
    I want to know if i will have any legal rights if this were to go to court. He also owes thousands in back-support and has consistently been unemployed
  • 05-20-2013, 07:19 PM
    Dogmatique
    Re: Non-Bio Guardian vs. Bio Non-Custodial
    Unless he's unfit, you have a slim chance (at best) of keeping the child.
  • 05-20-2013, 07:19 PM
    nblank
    Re: Non-Bio Guardian vs. Bio Non-Custodial
    signature notorized i assume. He has never had any custodial rights though. I assume he has a decent case being biological but she will be out in 5-6 months and I want to know my rights, if any
  • 05-20-2013, 07:20 PM
    llworking
    Re: Non-Bio Guardian vs. Bio Non-Custodial
    Quote:

    Quoting nblank
    View Post
    I want to know if i will have any legal rights if this were to go to court. He also owes thousands in back-support and has consistently been unemployed

    Unless you answer the very important question regarding whether or not a judge signed off on the custody, nobody is going to be able to give you any valid information.

    Let me put this differently. If all you have is a notarized piece of paper from mom giving you temporary custody, you have absolutely nothing. Its worthless unless it also has a judge's signature.
  • 05-20-2013, 07:28 PM
    nblank
    Re: Non-Bio Guardian vs. Bio Non-Custodial
    thanks, even if he owes back-support, has been in jail for assault on a police officer, and has never had custodial rights

    - - - Updated - - -

    Quote:

    Quoting llworking
    View Post
    Unless you answer the very important question regarding whether or not a judge signed off on the custody, nobody is going to be able to give you any valid information.

    I did, only notarized signature

    - - - Updated - - -

    and sorry I was hitting reply under each thread thinking that would quote each ? but i had to actually hit the "quote" button.

    - - - Updated - - -

    Quote:

    Quoting llworking
    View Post
    Unless you answer the very important question regarding whether or not a judge signed off on the custody, nobody is going to be able to give you any valid information.

    Let me put this differently. If all you have is a notarized piece of paper from mom giving you temporary custody, you have absolutely nothing. Its worthless unless it also has a judge's signature.


    Ok, thanks, that is honestly what i thought but was hoping for better news. I am a fully employed person, with all means necessary to care for him, already arranged care services, etc. But basically as long as he isn't "totally unfit" i have zero chance? Even with him also being arrested 2 years ago, non-custodial (no rights), and owing back support?

    - - - Updated - - -

    Would getting this signed by a judge help the matter? or with her in jail is there zero chances of that?
  • 05-20-2013, 07:29 PM
    Dogmatique
    Re: Non-Bio Guardian vs. Bio Non-Custodial
    You have no standing to even sue for custody at this point.

    An arrest 2 years ago won't matter - SPECIALLY since Mom is currently in jail right now. Child support is viewed as separate from custody and visitation.
Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
All times are GMT -7. The time now is 09:54 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved