Step-Parents Custody Rights

Savana - posted on 08/06/2015 ( 7 moms have responded )




My husband and my step-sons birth mother have joint physical custody but child is to reside with father for school. I have been raising my step-son for the past 4 years. My step son's mother seen him twice at the beginning of last year then stopped showing up for the visits, no phone calls, letter, email or anything come to find out she was locked up on a distributing, dealing, and manufacturing charge apparently she got released 6 months later in exchange to corporate with the police to get the dealer, however it's been almost a year and a half now she's only talked to my 6 year old step son twice and that was due to my husband and I finding out she was out of jail and tracking her down to talk to him, she promised him she was going to make a way over to see him and nothin she never showed up, or called, reached out through Facebook, family members nothin. Well now my husband just got locked up 2 months ago for a stealing over $500 and he just went to court oh which he got indicted and when he goes back to court it will be a trial and they are trying to give him 4-7 years my step son is currently still residing with me I'm trying to find out legally what is the next step I can take to make sure if she finds out my husband is incarcerated she cannot just come get him out of my custody. I'm in St. Louis, MO there has got to be something I can do to terminate her rights and also put her on child support BC she's just getting a free ride I don't understand but it's not fair to me and it definitely ain't fair to him because I have always been here for him know matter what and being with me is the only stability he has ever had.. If he was taken out of my custody he would be devastated and just heart broken can anyone please let me know what are my options to protect both of us?


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Dove - posted on 08/07/2015




Ugh... that poor kid having two scumbags as parents....

Get a good lawyer and see what happens....

♫ Shawnn ♪♫♫ - posted on 08/06/2015




You need to talk to a lawyer. One point, though...if you wish her rights terminated, she won't have to pay support. That's part of terminating rights, it also terminates support.
However, if both of his biological parents are criminals, that is a significant problem...
Unfortunately, it is one that only a GOOD attorney will be able to help you with.

~♥Little Miss - posted on 08/06/2015




This poor kid has 2 biological parents who are criminals. Yikes.....

Yeah, lawyer is your best and only bet.

Michelle - posted on 08/06/2015




I also suggest talking to a lawyer. You don't have any rights to this child, only your husband can fight for him in court.

Jodi - posted on 08/06/2015




Unfortunately, unless she has already terminated her rights, she IS likely to gain custody of him if she chooses to fight it if the father is unable to have custody.This is one you will need to talk to a lawyer about.

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