Q: Can my step son’s mother take him from us?
My step son is 6 years old. He came to live with us about 7 months ago when his mother started using drugs, sold her only means of transportation, and began floating from place to place. She has been back and forth between two men’s houses. One when she is using and the other when she wants to try to get clean again. There is no custody agreement in place. My husband asked her if we could claim him his year and she flipped and is now pushing to get him back saying she is back with the stable man. She doesn’t think he should have to go to school and I fear if she will hold him from us if we take him to see her. He is enrolled at the school I teach at and we have been his stable primary residence. Can she come take him or keep him from us and school if she chooses?
A: It depends. There are a few questions that would need to be answered first. Was there ever a child support order put into place? If so, and depending on the court, there may be a blanket custody arrangement already established, which your husband may or may not know about (particularly if it was set up through DHS). Your best bet is going to be to contact an attorney so that they can talk about the standard to establish custody, as well as advise your husband of his parental rights.
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