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guardianship/custody of child?

starfish1012's picture

Submitted by starfish1012 on Thu, 07/08/2010 - 10:31pm

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Family Court

i have read some scary things.

my fiancee (the BF) and i have been raising his son for over two years now since the little one was removed from BM by CPS for abuse, neglect, and endangerment at age two. now, she has once weekly supervised visitation and no legal or physical custody, though she has retained her parental rights.

is it true that even if i am named guardian in his living will or attain guardianship now, that the BM will regain custody if something happens to BF???

help! i'm terrified i'll lose the little guy!

Jsmom's picture

Submitted by Jsmom on Fri, 07/09/2010 - 9:08am

The only way is for her to give up her rights and you adopt him. Otherwise, if your SO dies, he would go to his BM. You could fight it, but you would probably lose. Sorry, but we really don't have any priority here.

stepmasochist's picture

Submitted by stepmasochist on Fri, 07/09/2010 - 9:11am

Go after her for child support, for the future and the last two years. Maybe instead of paying it, she'll sign over her rights.