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  1. #1
    Join Date
    Sep 2017
    Location
    Koxville, TN
    Posts
    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
    Location
    Behind a Desk
    Posts
    98,846

    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
    Posts
    6

    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
    Posts
    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
    Posts
    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
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Child Custody Laws for Stepparents

    Was a child support order established or was it just filed? If there is a child support order in place, a court has found him to be the legal father.

  8. #8
    Join Date
    Sep 2017
    Location
    Koxville, TN
    Posts
    6

    Default Re: Child Custody Laws for Stepparents

    Yes, it is I place, he is the legal father. That isn't in question

  9. #9
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Child Custody Laws for Stepparents

    Legally then, he is first up for the child now that the other parent is gone. You need to start calling lawyers, your local bar, etc.. to try and find someone to assist you. We can't recommend attorneys as that is not the purpose of this board and we cannot help you draft a motion as that would potentially be viewed as the unlicensed practice of law.

  10. #10
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Child Custody Laws for Stepparents

    Okay, if this is anywhere near as important to you as you say it is, quit being stupid and HIRE AN ATTORNEY. I am afraid, given what I'm hearing here, that the father has a pretty good chance of ending up with custody. If you do not want this to happen, at least go all out, don't try to half ass your way through this on the cheap side. If your youngster was suddenly stricken with cancer, you would not be piddling around with free clinics and trying to see if you could administer the chemo medications yourself. A family court judge will have little or no patience with someone who comes before him supposedly in a child's interests who did not think enough of this child to actually seek professional help to deal with the situation. Sell your car, sell your blood, but find the money to at least do a consultation with an attorney who deals with family court matters.

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