She shares legal custody, is the cause for the child having repeated frst grade (investigated for educational neglect)- and had no idea where he was even going to shool this year until a school official called her about something. All of his stability is here with us. If heaven forbid something happens to his father, will he be automatically handed over toher? Will I (his stepmiother) have any rights to keep him in the only stable environment he knows? She has only seen him 2-3 times in the last 8 months because she doesnt make an effort- but claims that we keep him from her.
2007-11-18 14:31:33 · 5 answers · asked by **leigh** 3 in Family & Relationships ➔ Family
The ex can say anything she wants out in the world... the only thing that matters is in the court room.
I am pretty sure that you can file with the courts for guardianship in addition to your husband having primary custody.
2007-11-18 14:36:28 · answer #1 · answered by revsuzanne 7 · 0⤊ 0⤋
Being that she has been proven to be unfit, has little visitation with him, much less concern for him, you'll stand a good chance against her in court. However, it's best to have your husband's wishes in writing, signed by a notary, and filed with the clerk of courts with the rest of the stuff from the case. I would also suggest sending a copy to the guardian adlitem and social worker who sat in on the case. It's always better to be safe than sorry.
And just to set your mind at ease. . . The child does not always go back to the other parent. When something tramatic happens to the custodial parent, the best interests of the child come into play, and at a time like that, the best interest would be to keep that child's life as routine as possible, meaning if everything is okay, he stays in the environment he's in.
You are smart to think of this. Not many people do and it usually ends up in an ugly courtroom battle. Your stepson is lucky to have someone who cares so much about him.
2007-11-18 22:40:32 · answer #2 · answered by Hollynfaith 6 · 0⤊ 0⤋
Just for the child's sake, get to your husband to make a legal document, passing over his legal custody, to you.
Go to a lawyer to do this, and then you will be sure that everything is air tight. If she really is an unfit mother, why doesn't your husband go after full custody, now, just to make sure the child's life remains stable.
Giving birth to a child does not a mother make. You are probably the only mother he loves and cares about so it is up to you to make his future secure.
2007-11-18 22:37:17 · answer #3 · answered by Maureen S 7 · 0⤊ 0⤋
I would imagine that it would depend on your state's child custody laws. She is his biological mother, and it could be possible that if something happens to your husband, she would have a custody case.. But also remember that in certain states, after a certain age, the court can let the child choose with whom he/she would want to stay with. You and your husband should consult with an attorney to ask these questions and to see what options you could pursue.
2007-11-18 22:43:30 · answer #4 · answered by m p 4 · 0⤊ 0⤋
I am sorry to say this but unless she has been claimed unstable before the father passes, that child is hers.
2007-11-18 22:40:39 · answer #5 · answered by Primrose 5 · 0⤊ 0⤋