Q: Iv had my ex's son since he was five days old. Now the dad wants to use his custody writes to take him. What can i do?
I have no custody writes to him. He is almost 2 years old. His mom (my ex), is never around. The "father" was allegedly abusive to my sons mom during there entire pregnancy. He refused the child as his own, avoided nearly all the doctors appointments/check-ups and refused to help out the pregnant mother with transportation. Even after the birth he refused to DNA test until forced bye Child Support Services. So they made him start paying my ex child support. Then my sons mom (my ex) got arrested for physically assaulting me & with our boys in the same room. So that gave the "father" the idea to get a court order with my ex for split custody writes. Knowing I have zero legal custody writes of course. So now I have been taking care of my boys alone with little to no help from either "parent" of my (non-legally documented) adopted son whom me and my family love dearly. My amazing parents have been more then helpful with there care and support for my boys. How can I get/protect my custody?
A: If you're not the child's biological parent, I hear no legal right that you may have to custody of the child. So long as the parental rights of the parents are not terminated, I see no basis in these facts for you to adopt the child against their wishes. Beware: you may be charged with kidnapping if you don't return the child to the custodial parent/s. If you have a factual basis to evidence child abuse/ neglect, you can report it to CPS. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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