need help with custody questions

Brittany - posted on 01/15/2013 ( 2 moms have responded )




my husband & i have been together 3 yrs. in this time my husband's son's biological mother has seen him only a handful of times. he is 5 now & has been calling me mama since he was 2. he does not know his bm at all. she never calls or anything & she says she doesn't want to be around me. my husband works all the time & refuses to see or speak to her therefore she must go through me. i have not seen or heard from her in idk how long. before my husband & i were married i would taken him to his aunts so his bm could see him but everytime she nevers shows up. there is no custody papers or child support in play. cps took away the bm's oldest daughter before my husband & her met because her middle daughter was killed by her ex. cps would have taken my son if my husband & his family weren't there. my husband kicked her out when he was 1 & the police wouldn't let her take him since she did not have a car job or home & still doesnt. plus she has a new bf she moves in with like every couple of months. i guess my question is what steps do we have to take to get full custody or do we have grounds to take away her parental rights so i can adopt? & do we need a lawyer? but how would she be served if she doesnt have a house? i do know she stays with her mom who has custody of the little girl even though the bm is supposed to only have supervised visitations through the court. if we can serve her there will she get in trouble with cps & can it help our case?


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Onetraeh - posted on 01/30/2013




oh my goodness.I don't have any legal advice but ya I would find a good lawyer gurl or just legal advice even;the birth mother sounds incredibly all over the place & tht's just the saddest thing I've ever heard tht her middle daughter was good for u for caring about the boy;it sounds like a matter of life or death for him death also meaning his chances in life would be so slim if it weren't for u awww.all it takes is for one adult to take interest in a child!so wht an angel u r!best of luck to u

Mary - posted on 01/16/2013




You absolutely need to consult with a lawyer. From all that you have said, it doesn't sound like it would be too difficult to have your husband awarded full custody. Any type of official visitation or parental rights would depend on what she sought and what was approved by the court. Again, from what you have described, it doesn't sound probable that she would even seek a regular arrangement - or that she would be awarded too much if she did. Laws vary dependent upon your location, but I do believe that you would need her to sign away her parental rights in order for you to adopt this boy. I think you really need to see a lawyer to sort this stuff out; as it stands right now, this boy's custody would be a nightmare if anything were to happen to your husband, since you don't have any official or legally specified relationship to the child.

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