QUESTION
What are the chances of her mother gaining custody over me after my girlfriend passed away, leaving behind her seven month old son?
Asked on Jun 11th, 2014 on Child Custody - Wisconsin
More details to this question:
I am not the biological father but I have been in the child’s life since she was six months pregnant with him. I have raised him, taken care of him and her since then. Her mother wants to file for custody and we are uncertain as to whom the dad may be (one of two different men). I however view the child as my own and always have even though he isn’t blood.
4 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can try to file a third party custody if you've lived with the child all this time.
Answered on Jun 12th, 2014 at 4:30 PM
Custody by non-biological parents is a tricky issue in Michigan. There is an assumption that a biological parent has a right to the child, and this right is what you will need to overcome. You will need to provide a court with convincing reasons that the child should remain with you over the biological mother. One factor that a court may consider that seems to be in your favor is the length of time that the child has lived with you. This will be an uphill battle and you will need experienced representation on this issue. You will need to prove, convincingly, that it is in the best interest of the child to stay with you over the biological mother, which is no easy task.
Answered on Jun 12th, 2014 at 8:22 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a very uphill battle with no biological legal relationship. Hire an attorney and try I you are willing to accept the odds.
Answered on Jun 12th, 2014 at 7:49 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Did mom have a will? It would be a guardianship and you would need to assert that you have a parent like relationship with the child.
Answered on Jun 12th, 2014 at 7:43 AM