ex hubby has custody of 3 he had with now ex wife and the ex wife has 2 with new hubby but they can't take care of the 2 they have so ex-hubby willing to take 2 so that they can be with there step siblings. If ex-wife signs over custody without new hubby approval what kind off problems does that post for the man that took the other 2 in?
2007-02-02 10:02:00 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
he doesn't have rights to children that aren't his.
2007-02-02 10:08:07 · answer #1 · answered by Inez 3 · 0⤊ 0⤋
BOTH biological parents would have to agree to granting legal guardianship with physical custody to the "ex-husband". One parent cannot "give away" the children without the other parents knowledge and agreement unless there is evidence of abuse and neglect. If the mother feels they cannot take care of the children, she can go to her local Social Services office and request a Guardianship Determination Hearing. Both of the biological parents will have to appear with the "ex-husband". The main focus of most courts is to try to maintain the biological family and they will have to provide compelling evidence to the courts as to why they cant take care of their children. They will be offered a variety of services, counseling, etc and the process will not be brief. The court may agree to a temporary arrangement after all other options have been exhausted with regular reviews.
The only way to avoid a long court process is for both parents to agree and sign Legal Guardianship papers. In this instance, everyone would appear in front of a Judge or Magistrate swearing they are agreeing to this arrangement without undue pressure. If the "ex-husband" has a clean background and can prove he can take care of the children by providing a healthy and nurturing environment they will usually agree and grant the request.
2007-02-02 22:29:49 · answer #2 · answered by mzreecee 1 · 0⤊ 0⤋
That could cause problems in the future if their Dad never relinquished his parental rights. He may want them back someday if he gets himself together and is able to take care of them. If a judge saw that they were better off with you and their siblings, then they would probably remain with you.
BTW...If your kids and the 2 children in question have the same mother, which I presume they do since she is signing over custody, then that makes them half-siblings. Step-siblings would be no blood relation. Not important just a little fact.
2007-02-02 18:09:38 · answer #3 · answered by LuvMyGirls 5 · 0⤊ 0⤋
Thats adoption you are speaking of, not custody.
Contact your local government agency and a lawyer to help you navigate the red tape and procedures for this "directed placement" adoption.
2007-02-02 18:07:06 · answer #4 · answered by jw 4 · 0⤊ 0⤋
wha....? The man can only take his kids, unless he has custody/is the gurdian of the children.
2007-02-02 18:04:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Your question is too confusing to follow.
2007-02-02 18:09:41 · answer #6 · answered by Simply Lovely 6 · 0⤊ 0⤋