QUESTION
What could I do in this fight for child custody?
Asked on Aug 19th, 2015 on Child Custody - Michigan
More details to this question:
I have a son and his father is unknown my boyfriend has been with my son and I since his birth but is not on the birth certificate. He has helped me raise him. I recently caught a theft case while being on felony probation for a prior theft and now am looking at jail time. Meanwhile I want my son to stay with my sister who is a good Christian family and already has other adoptive children that she cares for. I want to allow my boyfriend to stay in contact by weekends if he wishes, except my boyfriend and his family are threatening to go to court and take guardianship/custody and try to fight me and my sister. Can they do that?
3 ANSWERS
Family Law Attorney serving Topeka, KS
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Williams Family Law
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Your boyfriend and his parents have no legal claim to your child if he is not the father. You should have a guardianship agreement drawn up between yourself and your sister. Consult with an attorney.
Answered on Aug 19th, 2015 at 7:18 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You need to get a guardianship for your sister. A boyfriend should not have any rights over a blood relative.
Answered on Aug 19th, 2015 at 7:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Anyone can so, the question is whether or not they can win. In the case you outline before your boyfriend would have any legal right to your son he would have to establish "standing" by being either the adaptive or biological parent. Is that does not appear to be the case I would suspect you will lose in your plans to place your son in the temporary custody of your sister should be attainable. I would suggest that you see an attorney regarding the arrangements and to make it all legal, including how your release from jail or prison will be treated.
Answered on Aug 19th, 2015 at 3:52 PM