I go see a lawyer on Friday to pay the retainer fee and do my consultation, but I was wondering if it was possible to get sole custody of my son. My sons father is sitting in jail on numerous drug charges, he lived with a felon and was cought with 29 grams of meth and 9.9 grams of cocaine. I want to be able to cut him out of mine and my sons life. Is it possible that a judge will go for this? I live in Nebraska. Should I ask my lawyer if I can do this, or not even try if it wont even happen? My lawyer is a former JAG lawyer, and my hubs is in the military and we want him to be able to adopt my son.
2007-09-25 07:02:02 · 5 answers · asked by brandywine840213 3 in Politics & Government ➔ Law & Ethics
no, there is not any sort of custody order at the moment. We went to court for child support, but he used a stall tactic by saying he wanted a paternity test, then he never got it. It ended up costing me a fortune in legal bills so I ended up dropping the case. But now the loser lost his joba and is in jail and wont be able to afford a lawyer, and his parents are siding with me saying that my son should be with me.
2007-09-25 07:39:30 · update #1
And yes my husband wants to adopt my son. He has pretty much been the only positive male in his life, and would love to be able to claim him as his own.
2007-09-25 07:43:14 · update #2
The only way that I know of to sever the father's rights is for the court to approve an adoption. They don't sever rights until that point.
As far as sole legal custody, you can probably get that based on your circumstances, but when the father is released, he may still be able to pursue visitation. Your attorney is much better qualified to answer questions about your particular circumstances.
Good luck with your case.
2007-09-25 07:10:54 · answer #1 · answered by browneyedgirl623 5 · 1⤊ 1⤋
Let's try and get some correct answers to your issues.
First, the father cannot voluntarily sign away his rights. The court must approve and issue a termination of parental rights order.
Secondly, unless your husband is willing to adopt, the court rarely (about 1 in 1,000 cases I've handled) allows a TPR action to continue.
Third, drug convictions and prison are NOT automatically disqualifying circumstances to deny a father (OR MOTHER) parental rights. So, unless you have grounds other than what you stated here, you may face a legal challenge from the father AND the court.
And last, if you pursue this matter, you must still serve the father with your petition, he gets to answer and the matter, while he is in prison and if he opposes the TPR, may be calendared until his release date.
So, is there a custody order or a support order in place at the present time?
EDITED BASED ON ADDITIONAL INFORMATION:
It would have helped had you stated that paternity had NOT been established. In that case, file for the adoption. You will be required to name the father and in so doing, you can advise your ex that if he relinquishes rights to the child you will not seek retroactive support.
2007-09-25 14:36:08 · answer #2 · answered by hexeliebe 6 · 0⤊ 2⤋
You don't need an attorney to get sole custody of your son. If his biological Father is in jail, you will automatically be granted sole legal custody. He won't be able to object, nor will he be able to provide a logical reason that you shouldn't be granted sole legal custody.
In order for your husband to adopt your son, his biological Father will have sign away his parental rights. Consult with an attorney to determine the best method to encourage your son's biological Father that your current husband shoudl adopt him.
Good luck.
*edit*
If the biological Father did not challenge paternity before the child was two years old, then he has lost his chance to do so.
Although the additional information is helpful, it does not change the method suggested above. The only thing I would include is that you can work with a competent paralegal to complete the court documents if you can't afford to proceed with an attorney.
2007-09-25 14:10:16 · answer #3 · answered by ken erestu 6 · 2⤊ 1⤋
The only way your husband will be able to adopt your kid is if Dad gives away his parental rights. Ask your lawyer how it might work in your situation; that is what you are hiring him for. You can ask Dad if he would be willing to give up his parental rights to allow your husband to adopt, given that Dad might be in prison a very long time, but they are serious rights that are not dealt with lightly, so it may not happen. Ask your attorney if the courts are open to terminating Dad's rights if he will be in prison a long time, because it depends on your state.
2007-09-25 14:09:06 · answer #4 · answered by Flatpaw 7 · 0⤊ 1⤋
If he is in jail, then you have custody of him. Cutting him out of your son's life? If he has a bad influence on your son, you have every right to.
2007-09-25 14:07:07 · answer #5 · answered by -NOBAMA- 3 · 0⤊ 3⤋