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I have my soon to be step son living with me and he has been for several months now. I would like to have custody of him but his mother is MIA and his father (my fiancé) is in prison. If I have him give me temporary custody am I able to file child abandonment and get custody of him with out him being taken from me?
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Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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You are legally a stranger to the son, as you are not related by blood or marriage.
In the current situation you might be able to file a case for custody, but as you are unrelated, the court may require notice to other family members, or place the child in foster care. If you want to take this route, you shoud get qualified as a foster care person, so as to avoid any delays in investigating your parenting abilities.
You really should find an attorney with whom you feel comfortable. I have handled such situations in the past and am open for new clients.
Answered on Sep 11th, 2015 at 9:47 PM