Q: Can I obtain guardianship over my finances son?
I am interested in adopting or at least becoming a legal guardian of my finances son. We currently all live together and in the event something happens to my fiancé, I don't want him to be removed from my care.
He has been living with us full time for 6 months, we shared custody prior. 6 months ago, DCPP removed him from his mothers care due to neglect and drug abuse. They had been involved in her life for some time. My fiancé has sole legal and physical custody and his ex has supervised visits, but she has only seen him twice and never calls. I recently found out she's in rehab through a mutual friend. We don't know where she lives or have a number to reach her and she makes no attempt to reach her son.
Is there any way I could adopt or get some guardianship?
A: In order for you to adopt, the child's biological mother would have to have her parental rights terminated either voluntarily or through a DCPP action against her. Talk to a family law attorney in your area, many offer free consultations. From your questions, it appears as though you may have a case to be found the child's psychological parent which would entitle you to certain rights, such as legal custody of the child. But, whatever you file in court has to be provided to the biological mother and she has the right to argue against it.
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