QUESTION
Would a step-parent have any rights to custody of a child if their spouse was incarcerated and the other parent absent?
Asked on Jun 27th, 2013 on Child Custody - Illinois
More details to this question:
Ok a little background; I have a 22 month old son and my fiancee has a 27 month old daughter, both from previous relationships. We are young and my sons mother is still very immature (partying, late nights, lots of new boyfriends in and out). Unfortunately, recently I made a very poor decision, and I have to serve some prison time as a result. Now my concern is that while Im away, my ex very well might not be able to handle the stress well and Im worried that she might lose/let our son go. We both have people in our families that could take him in that situation, however I would feel most comfortable if he was with my fiancee. Is there any way that this would be possible if we married before I went to prison? Or would he simply go to a family member? Im planning for the worst here which is a total failure/drug addiction or something similar on my sons mothers part.
3 ANSWERS
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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Why don't you give your fiance temporary guardianship while you are serving your time? That's about all you can do to try and pass your parental rights to someone else. It will not matter whether or not you are married. With that guardianship, your fiance should be able to work with your ex to keep the child with her.
Answered on Jun 28th, 2013 at 1:44 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The only way you can have your fiance have custody of your son is if the mother agrees.
Answered on Jun 28th, 2013 at 11:02 AM
A simple and quick solution is to have your fiance' obtain guardianship of the child. If the mother agrees, she can sign off and we would reassure her that she is not giving up custody of the child.
Answered on Jun 28th, 2013 at 10:26 AM