Help with family law question?

Question

Ok, here is what has happened my fiance and me has kept the 4 year old from his mother because she was never there and he didn't look healthy and was always sick when we would pick him up. My question is how does it work if she goes about getting visitation rights. There is no custody between both parents so by law in nc the father had every right to take him without getting in trouble. Now she is trying to get her rights. I am not sure how this is going to work out because she will have all right to take him back and start sueing for child support again which was suspended. The child has been living with us for 10 months now and has not seen his biological mother because of the fact of her taking him. I know we may have to hire a lawyer but I am trying to get the best advise before hiring one. Please help!!!

advice! (sp)

In addition the mother does not have a place of her own, a job, or a car. The only money she received was child support from the father which I am now with.

Answer 1

Wow...what a tuff situation! First of all, it is important to remember that the laws in every state are different, which I think you realize. I am only familiar with laws in AR and TX, but here's what I know and my advise: if you and your fiance' (who I assuming is the father) have the child legally..and from what you said have had him more than 6 months (which establishes residency) then I hire an attorney and file as custodial parent. I'm not sure when you're getting married, but it will probably help if you are married. If she does file for visitation rights, then it will be just that...visitation rights...but the father will still be custodial parent. Depending on what all happened prior to his taking the child from her, she may or may not get visitation or it may be limited visitation or supervised visitation. If your fiance' is named as "custodial" parent and she just has visitation rights, she cannot "take" hime and refuse to return him when she has him...if so, it will be contempt of court and she will loose her visitation. Visitation orders are VERY specific...they state a specific time, and place for the child to be picked up and returned.
Also, a lot of family law attorneys will offer free consults...you and your fiance may want to meet with a few to see what each of them have to offer and be sure to check references! Best of luck to all three of you! Kudos for taking in this child and giving him a life he may not have otherwise had!!!

Answer 2

What are you doing with this father? You call him your fiance - is that just the convenient word for 'we're living together until we break up?' or 'we're in this forever but we don't need a piece of paper saying we're 'legal'!'
You and your fiance rescued this 4-year-old. Or was it a kidnapping? Did she give you the child willingly? Does your fiance gloat over the fact that he took this child from her mother? Was it a power trip for him to get back at her for something in their very bad relationship? And now, my dear, are you the 'mom' who's taking the job of raising this kid for him? How convenient.
Excuse my skepticism. If there was no custody between the parents (as you say in your question) how could he be picking the child up and noticing the child always seemed to be sick?
The obvious answer is to see a lawyer about her rights. She deserves them. If your 'fiance' is half the jackass I think he is - don't count on him marrying you unless you yourself get 'knocked up' - he will have to pay a lawyer to find out that the mother does deserve to have her own child when she wants.
Child support? If your boyfriend (and now let's throw out that old cover word, 'fiance') can't stand the idea of paying child support, then he's not much of a dad, is he? Are you by any chance running around managing this little household now and he doesn't have to worry because you also are working? Is it you who are paying basically for this little game he plays with this custody/rights battle he wages with his old girlfriend?
If you weren't there to be his support, financially and with all the work you do for his child, would he be so willing to throw his weight around? I didn't think so.
You don't need advice other than to try to see what your 'fiance' is doing, what is motivating him, ask yourself why you even cooperate with this sick game, and get yourself out of this mess as soon as the child rightfully goes back to his mother.
Your boyfriend's ex-girlfriend could tell you a lot about him. But you can learn a lot just by thinking about this situation and having some sympathy for the woman.
Two or three years from now, this will all be a bad memory for you.

Answer 3

U do have alot on your hands with this one.. They will have to prove that she is an unfit mother first off. Before she can get rights they will have to investigate.. just make sure u tell them whats going on with the child being sick and stuff. it will be best for u to get a lawyer.. Does this childs mother have a job and a suitable place to live and care for her child? Thier are alot of questions to be asked and make sure u do so.. R u the other parent? if so u have the right for joint custody so the mother cant fully take the child from u.. Then again to u will have to pay child support, but it will be worth it.. make sure u get the child every holiday and any other occasions during the year and also make sure u have it to where u claim the child every other year on taxes.. I had a similar situation with my ex husband. He just left me and his son high and dry so i took him to court.. We have everything stated in papers saying what goes and what doesnt..
Its alot to think about and deal with.. It will be stressful and i really do hope u get to keep the kid
good luck to u and god bless u

Answer 4

I would get yourself a notebook and start writing down from the day that you started keeping him full time everything that occurred and continues to occur. I would point out all of the reasons that its not safe for the child to be in the mothers care, sometimes you can go it alone without a lawyer if you have a strong case. You also may have to think about that she may get visitation rights (everyother weekend) but if she cannot provide a home for the child I don't see how any judge would give her this child.

Answer 5

Some time we feel that we are doing right to care for a child that is not being cared for the way we think the child should be cared for. How do the child feel about living there with you? is the child happy there with you? Doe's the cry for his mother? do you feel good about the child being there with you. There are so many questions you can ask your self ,but the one question you need to asks your self can you live with your self knowing that the child may blame you for keeping hi or her from there mother. Pray on it and ask God to lead you see what he wont you to do . To give you a sign so you will know what you are doing is right. and he will open up your eyes as to what to do. Tell God to give you a singed where you Will know that is is from God. And thin you will know that you have don the right thing. I have prayed for you on this matter.Just truest in God and you will be all right.

Answer 6

All you have to do is prove to the judge that the mother is unfit and if you are affriad of the mother hurting or nelgeting the child while he is there than ask that she only have supervised visits.. (from the sounds of it, it should be pretty easy to prove her unfit) Basicly what they look for is what is the best interest of the child.. where is the child going to get what he/ or she needs and be raised well.. prove it to the judge and you are set. (You may need documentation or witnesses that saw the way your child was when you first took him, or pictures that would also help your case).

Answer 7

what ever the situation is since you are in his business like this you should make some kind of way for that child to see his mother in front of the both of you. Don't deny her visitation that baby wants to know going on, and why he hasn't seen his mother.