QUESTION
Can I get legal custody of children who are not mine?
Asked on May 16th, 2013 on Family Law - Illinois
More details to this question:
My ex fiancé and I have been together for almost 10 years. 9 years ago he was awarded sole custody of his four children, which I have raised. He has been in and out of jail numerous times. He is now in jail for 2 violations of probation and for domestic violence. He is also a drug addict (no drug charges were filed, always driving under the influence - felony). He attacked me the night he was arrested. I am taking care of the children.
3 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your best bet is to ask for guardianship. You will have to notify mom and dad. If they don't object, you should get the kids. I doubt the court will allow you to adopt them.
Answered on May 17th, 2013 at 1:14 PM
First of all, the mother of the children is presumed to be entitled to their custody. If she is not around or available, she is entitled to notice of any action you may bring seeking custody of the children. As a girlfriend, how have you presented yourself to the schools the children are enrolled in? You can seek custody of the children or guardianship of them. Each court will inquire as to where the parent are and may require you to give notice to other relatives in addition to the parents.
Answered on May 17th, 2013 at 1:14 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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Filing for guardianship would most likely be the best option.
Answered on May 17th, 2013 at 1:14 PM