Q: can I apply for full custody of my stepson if my husband might be facing prison time?
me an my husband are married islamically and he might be facing prison time. he has an 8year old son whom he has been taking care of on his own since he was 2 because the birth mother didnt want him. she put him out in the winter with only a pamper on. I have been a mother to him for the last 3 years. my name is on school documents and doctors documents. neither of the childs birth parents has ever filed for custody. my question is if my husband goes to prison can I keep the son an can I file for custody? my husband wants him to stay with me. his mother is on drugs and she is an unfit parent. she lives with her mother who also is on drugs and the house is not clean safe or stable for a child to live in. I can also prove that since the child has been in my care he has been doing very well. he is on honor roll and excelling in school, his social skills are growing and he even said himself that he wants to stay with me and his brothers. he doesn't want to live with his mom.
A: Under the circumstances you've set forth, yes, you absolutely can. If possible, having both parents sign an agreement giving you custody would be ideal. Then you could follow your local procedures for filing the agreement and having it made a court order. Please note that just having a signed agreement, notarized or not, without a court order is of little value to you as it's not enforceable legally. You need a court order. If the mother won't sign an agreement, then you'll have to file for custody, serve her, and go to court. I doubt that there will be much of a problem even if she does show up for court. I suggest that you retain an attorney to draft a custody agreement for you and take care of any court filings and appearances that may be necessary. It will ensure that what you end up with is not only what you want but what you need. Good luck to you.
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