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  1. #1
    Join Date
    Sep 2017
    Location
    Koxville, TN
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    6

    Default Child Custody Laws for Stepparents

    My question involves a child custody case from the State of: TN.. There is no case pending at this time. I am trying to find help in getting a lawyer to help. It seems all the non profit or legal aide clinics that help those with not much money don't do custody cases. Is finding an unbundled type lawyer my only recourse. Issues, with my wife for 11 years, her son was 14 months old when we met. I never adopted him. She passed away suddenly. My son has had no contact with his biological father in 10 years. Now, I may lose him, as his biological is claiming to take him. I need emergency custody till court can happen. I can not lose my son. reading articles tells me that juvenile court doesn't have forms I can file, I must draft the petition myself, or have a lawyer do it, is that correct?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Child Custody Laws for Stepparents

    I am sorry for your loss.

    Your wife passed away how many months ago? Is your stepson still in your care? Is there an existing custody order for the child, between the mother and father? Is the child's biological father now seeking custody? Is any action pending in any court in relation to the custody of the child?

  3. #3
    Join Date
    Sep 2017
    Location
    Koxville, TN
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    Default Re: Child Custody Laws for Stepparents

    She passed away 3 weeks ago. Yes, I still have my stepson, his biological father is saying he will come take him. No agreement between my wife and him. They were never married, they split before he was a yr old. we met when he was 14 moths old, and together ever since. He wasn't asking for custody, merely saying he is coming to get him. no actions, yet..

  4. #4
    Join Date
    Jul 2010
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    8,006

    Default Re: Child Custody Laws for Stepparents

    So they were never married and his paternity was never established? They never went to court at all over the child?

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Child Custody Laws for Stepparents

    Does he know you're not his father?

  6. #6
    Join Date
    Sep 2017
    Location
    Koxville, TN
    Posts
    6

    Default Re: Child Custody Laws for Stepparents

    They were never married, they lived together. Fathers name is on birth certificate. Nothing was ever legally done to establish in court, other than child support. She did file for child support thru court system to have it taken from his paychecks automatically. Yes, he knows he has a biological father, just hasn't seen him since he was 2 and doesn't know him.

  7. #7
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    Default Re: Child Custody Laws for Stepparents

    Quote Quoting shauna669
    View Post
    My question involves a child custody case from the State of: TN.
    Do you understand that Nevada and Tennessee are different states?

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Child Custody Laws for Stepparents

    Quote Quoting shauna669
    View Post
    My question involves a child custody case from the State of: TN.. There is no case pending at this time. I am trying to find help in getting a lawyer to help. It seems all the non profit or legal aide clinics that help those with not much money don't do custody cases. Is finding an unbundled type lawyer my only recourse. Issues, with my wife for 11 years, her son was 14 months old when we met. I never adopted him. She passed away suddenly. My son has had no contact with his biological father in 10 years. Now, I may lose him, as his biological is claiming to take him. I need emergency custody till court can happen. I can not lose my son. reading articles tells me that juvenile court doesn't have forms I can file, I must draft the petition myself, or have a lawyer do it, is that correct?
    I am entering into the discussion a little late. You truly do need an attorney.

    You have a situation where you are the psychological father of the child, the child is 12-13 years old and hasn't seen his father for 10 years, and the child would be separated from everything he knows to go with dad. I also got the impression that you and mom had additional children, so having siblings in the home is a factor as well. Therefore, you do have a chance, not necessarily a super strong one, but a viable chance at retaining custody. If you agree to no child support you might have an even stronger chance of getting dad to agree to let you keep the child.

    However, the case would have to be handled so carefully, and with such precision, that you absolutely cannot risk doing any of it without an attorney. The sooner you do it the better, because you do have a viable argument for temporary custody as that would keep the child stable for school and in the area until custody is decided.

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