My girlfriend has cancer and her boyfriend is an ex junkie who about every 8 months or so relaps for about a week. She has a five year old daughter, and wants me to take her if anything unthinkable happens. We are writing up custidy papers ourselves. Her boyfriend is not her daughters bilogical father but has been raising her since she was two. He will not give her up without a fight and I may not be able to prove his drug use in court. We also live in different cities so we may have to do everything through fax and mail. Neither of us can afford to go to a laywer and have legal papers writen up. Is there a more sure way we can do this? And If I go in with the papers the mother and I wrote up what type of chance will I have?
2006-12-16 19:22:27 · 10 answers · asked by keko8338 1 in Family & Relationships ➔ Family
u always do
2006-12-16 19:23:54 · answer #1 · answered by Joe 3 · 0⤊ 0⤋
Where is the biological father? If there is one listed on the birth certificate she will go to him unless he has renounced his parental rights in a court of law. She would need a legal will in order for you to have the daughter if there is no one listed on the birth certificate. Most major cities have legal document companies that will help you write a will and file it for about $50 or $60, but they cannot give legal advice. The upside is that it is cheap and you know everything is in legal order. They just cannot offer counsel. In Cincinnati, the largest company that does this is called "We the People". This would allow your girlfriend to leave a will that specified her wishes. Even if he tried to fight you in court, her wishes would be known. Unfortunately, if it is not a legal document, it is not admissable, because there is no way to prove she wrote it or to prove that you did not FORCE her to write it against her wishes.
Good luck.
2006-12-16 19:28:54 · answer #2 · answered by bashnick 6 · 1⤊ 0⤋
How can you have a girlfriend if she has a boyfriend? What am I missing, is she his Girlfriend?
Consult a lawyer now... not later. Proving drug use still may not be enough. The courts main interest is what is in the best interests of the child. Consider her family(parents/siblings) being the guardian with you as a caregiver may be a good option.
2006-12-16 19:32:49 · answer #3 · answered by Cdn_Superdave 4 · 1⤊ 0⤋
Generally speaking is the worst should happen - the daughter automatically goes to the biological father-inless he is a declared unfit father or unknown- so the bf may have emotional ties - but not biological ties= and it may depend on the mood of judge=is friend in hospice?? they should be able to direct her in the right direction- call a attorney for a free consultation=D
2006-12-16 19:39:11 · answer #4 · answered by Debby B 6 · 1⤊ 0⤋
I have never dealt with this exact situation, but I have had several incounters with the legal system over the last couple years, and every time, I was told that any type of SIGNED document is legal in court. But was also told that having it notorized would be a plus.
2006-12-16 19:34:12 · answer #5 · answered by onearkansasmommy 3 · 1⤊ 0⤋
i would suggest contacting the court...any court... and ask them if they have anyone available to help with paperwork such as yours.... A lot of courts have lawyers that give their time for free on certain days of ther month/week to help people like us who do not have a lot of money. And if you have to fikle something there is a peper for a fee waiver... you or her might qualify. good luck to you and your girlfriend and most of all the baby. I hope you win IF something happens? Maybe you need her to fill out a living will or something????
2006-12-16 19:30:24 · answer #6 · answered by sweetsal 4 · 1⤊ 0⤋
They will do what is best for the child in all cases. You need to contact a lawyer as different laws apply to different states. Any good lawyer will give you a consultation for free.
2006-12-16 19:25:27 · answer #7 · answered by surfer_grl_ca 4 · 1⤊ 0⤋
you have a good chance. you don't have to prove the drug use, just both of you mention it to a judge. if you cannot afford a lawyer, call different lawyers, and diff help agencies and ask if the lawyers, or someone they know works "pro bono" which is for free. i had to once, family issues, and it helped. good luck to you.
2006-12-16 19:47:54 · answer #8 · answered by happyday to you 7 · 0⤊ 0⤋
go to the court house and file befor she dies so her boy Friend cant get custody she must show that her bf is not the father also you may need to take class also you must show the father never take care of the child
2006-12-16 19:43:51 · answer #9 · answered by nightman122554 4 · 1⤊ 0⤋
you always have a chance. what about the kid's biological father and who does she want to live with?
2006-12-16 22:30:51 · answer #10 · answered by mouse 3 · 0⤊ 0⤋