Q: I guess I didn't make my question very well recharging my fiancés 12 year old daughter.
She does want to come live with us. Every time she goes home she gets upset and sad. She doesn't even have her own bedroom at her mothers home, but her siblings do. She's only 12. No I am not married to her father but that's in the near future! Also, is the father able to make just as many decisions for the child as the mom does even if he does only see her twice a month?
A:
You asked the original question just fine and the new information you supplied does not change the answer.
Yes, your fiance has a possibility of obtaining custody. There are two ways to do it: 1) by consent and 2) through the Court. If mom won't consent (which you seem to imply she will not), then your fiance will have to retain a family law attorney in the area where the child lives and start a custody action. In such an action, the wishes of the child will likely not mean a whole lot even though she is 12. The fact that you are unmarried may or may not be a factor - for some Judges (especially the older ones) it could (emphasis on the word 'could') be a factor. What your intentions are is irrelevant - if you are unmarried at the time of a custody hearing that fact could (again emphasis on the word 'could') be a negative factor for you. The child not having her 'own' room is also irrelevant as long as the child has suitable accommodations. So if all you have is child wants to stay with dad and doesn't have her own room - your fiance likely has an up hill battle. As to the decisions dad gets to make it depends on what is in place right now. If there is no formally custody order or agreement in place and he is one the child's birth certificate, he has as much right to the child as mom. Best of luck!
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