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I am separated (amor than a year) with a 4 yr old child. I allow visits to my husband, and I still would, even if we were divorced. We do not hate eachother, rather we act as friends, but we know that we can not expect to be together because of other influences and cicumstances that we did not and still can not overpower. We lived together 6 years. From recently I'm seeing another man who realy loves me and adores my child. Actually we were collegues and friends more than 7 years. I intend to live with him and my child, and he also does.
Since the influences and surroundigs I've alredy mentioned about my relationship with my husband are dangerous for my child (he admites that too), I would feel more secure if the other man has a right of custody over my child. My husband would accept it but without losing his rights. Is divorce from my husband and mariage with the other man necessary? Is there any legal possibility for such a thing?

2007-02-06 21:24:13 · 2 answers · asked by Wintermute 4 in Family & Relationships Marriage & Divorce

The dangerous things are the mental situation of my mother in law. We lived near by. I am not doing tricky things. My husband knows that he goofed and put me and my child in danger. If we live together we would have contact with his mother without choice. I do not want it neather my husband does. We would live together, but it requires living in another country where she would not be allowed to enter just like that. This mean very hard new beginning and we do not stand financially to well to do that.

2007-02-06 21:48:25 · update #1

2 answers

First of all, you do not allow visits with the child. The father at this point has just as much right to the child as you do. Nothing can change that except a judge's orders. You need to go to court, and set up custody and visitation.

And, actually, you really didn't state how the situations were dangerous. So, without that information, there is little to go on.

And, no, the new man cannot have any form of custody over the child. If you were married, he still would not have custody of the child. You can sign a power of attorney to him, and it will allow him to do things like consent to medical treatment, make certain other decisions, etc spelled out in the power of attorney. The Father's rights would still trump this power of attorney though.

The only way to do this would be for the Father to voluntarily relinquish his rights, and the new man to adopt the child. But, any child support would no longer be required as bio-dad would no longer be considered a parent.

The biggest misconception in custody is that when a parent marries, the new step parent has some form of custody of the child. This is not the case. Both parents still retain their custody. So, if my ex remarries, the new husband has no rights, custody, or say in the child's life. It still remains with the biological parents.

Honestly, it sounds like you are very meticulously planning on snuffing dad out of the picture. I would like to know about this "danger", and what role you played in it as well. You said you are still friends, if he were a danger, why would you remain friends with him?

2007-02-06 21:39:05 · answer #1 · answered by ? 5 · 0 0

Your Ex will allways be your childs DAD
Do you still have feelings for your ex ?
Why would the husband be a threat to your child?
You still think of him is your husband!
I feel bad for the other guy!
This will not go away !
sorry!~










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2007-02-06 21:40:25 · answer #2 · answered by zippoglen 2 · 0 0

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