my ex-husband received custody of my child in our divorce, because i wasn't fit to raise him at that time. i heard it was illegal for a judge to give custody of a child in this aspect in any state . federal law. is this true
2007-10-08 16:10:24 · 11 answers · asked by serenity 1 in Family & Relationships ➔ Family
All he has to do is pass the requirements. You don't have a say. They could careless about what you think.. It would be easier for the child to be with someone he knows instead of a complete stranger. This man has been playing the father figure and obviously cares because he asked for him
2007-10-08 16:13:43 · answer #1 · answered by Peggy Pirate 6 · 2⤊ 0⤋
I'm not a lawyer, but I've known grandparents who were given custody of their grandchildren, and I've also known a sister to be given custody of her sister's children - both were situations where the mother was unfit, and in neither case did the grandparents or sister actually adopt the children. The people received indefinite custody, which ended up never being reverted back to the mother.
Given how common it is for non-parents to get custody of people's children, I doubt it's illegal across the board. If your ex was responsible for helping to raise your child while you were married, it doesn't seem unreasonable that he'd be given custody of the child if you were unfit and there were no family members who wanted to take the child.
If you need to know laws specific to your situation, consult a lawyer personally. They're going to be the only people who know for sure about the laws in your particular case and in your particular state.
2007-10-08 16:18:20 · answer #2 · answered by raindreamer 5 · 0⤊ 0⤋
I have a friend that when he was younger his stepfather and his mom got divorced and the stepfather won custody as a ruling by the judge. I think that it depends on if the biological parent is fit or not. at the time my friend's father wasn't around and the mother wasn't fit. but I'd do a little more research,I really don't think that it's illegal.
2007-10-08 17:33:56 · answer #3 · answered by Glory 2 · 0⤊ 0⤋
Not necessarily. The judge looks at the best interest of the child. Also what factors in is whether or not a mother is proved to be unfit to raise her children. This is hard to prove however, but if you are back up on your feet then just get an attorney and try to get things retracted and get your child back.
2007-10-08 16:28:12 · answer #4 · answered by ~Sheila~ 5 · 1⤊ 0⤋
If you live in the US...
No, it's not illegal. A judge certainly can award custody to a non-parent if the parent is found to be unfit.
2007-10-08 17:35:33 · answer #5 · answered by kp 7 · 1⤊ 0⤋
They award custody to total strangers all the time. This time they gave custody to someone who actually knows and loves your child. Quit whinning about it and get your act together so that you can get your son back.
2007-10-08 16:14:53 · answer #6 · answered by Anonymous · 1⤊ 0⤋
The judge is solely bound by the best interests of the child standard - not by blood rights
2007-10-08 16:17:47 · answer #7 · answered by johnny holmes 2 · 0⤊ 0⤋
no, i don't think that's illegal. if you guys were married and raising the child...then you divorced and were found unfit...it makes perfect sense to grant custody to the other caretaker/parent.
2007-10-08 16:13:47 · answer #8 · answered by AdoringK 3 · 3⤊ 0⤋
I don't think a judge would hand down an illegal ruling....but if you're not sure hire a lawyer.
2007-10-08 16:12:49 · answer #9 · answered by daljack -a girl 7 · 2⤊ 0⤋
they give custody to whomever they see fit, no necessarily a blood relative. be thankful your kid is being cared for
2007-10-08 16:14:33 · answer #10 · answered by stew 6 · 2⤊ 0⤋