QUESTION
How can I retain child custody of my fiance children?
Asked on Jun 12th, 2015 on Child Custody - Nebraska
More details to this question:
My fiance has been arrested. I have her kids. She is 6 months pregnant with my child. Her father (the grandfather) is calling me saying he wants the children. I have a letter notarized stating that my fiance has given me permission to keep them and seek any medical attention for them if they need it. To make it more complicated she is Bipolar and receives SSI. Her father used to be her representative payee. But she discharged him because he was not honest with her dealings. So what do I do? We were going to get married. Can I marry her in the county Jail? If so how would I do it? Would that give me more legal right to keep the kids? I am sorry to have so many questions. Please Help me I can't let anyone take her kids away.
4 ANSWERS
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
First things first: you need an experienced family law attorney. Don't hesitate: it's almost always worth the investment. Your lawyer will probably tell you that whether you marry the children's mother or not, your rights as to them are not changed. (Not unless you adopt them, and that takes time.) You can get married with one party in the county jail: it's just a bit more complicated. The people at City Hall who handle marriage licenses can give you the details. While a Power of Attorney for care of the children sometimes works, it is likely to be far less effective than a guardianship, ordered by the Circuit Court. I am impressed with your concern for the children. Find a lawyer and get down to business. Be sure to keep your fiancee informed of every step you take, and be sure she consents.
Answered on Jun 12th, 2015 at 8:30 PM
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
Marriage would not measurably increase your rights to her kids but wouldn't hurt. If she doesn't get her life fixed you will likely look like an enabler. Her father can seek a guardianship but will have to deal with Dad.
Answered on Jun 12th, 2015 at 2:13 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
Unfortunately, the grandfather has a legal right to the children. You can certainly attempt to get a Court Order based on the children's mother's request but it would be an uphill battle.
Answered on Jun 12th, 2015 at 2:10 PM
4 Awards
If she signed a temporary delegation of parental powers to you, that's all you need for the next 6 months. If her father files for guardianship, you should seek an attorney to contest it.
Answered on Jun 12th, 2015 at 2:01 PM