Q: I am married out of Florida. I currently reside in Arkansas with My Step Son and my Children.
My husband is the father to my Step Son and 2 of my young children. He was currently incarcerated and then extradited on a separate warrant to Florida. I am looking to divorce him. His Mother (the grandmother) has a signed notarized letter of custody for my Step Son made a few years ago. His bio mom is not in the picture Who had rights to him? Me or the grandmother?
A: You need to consult an attorney. There are unanswered facts that will deteremine how you might proceed. If the notarized letter is not a court order, it does nothing. From the information provided, you are not a biological parent and do not have legal custody established. Grandmother has done nothing to establish a right (yet) and dad is the only person with a legal right to custody (though he can't have the child with him).
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