Q: How can my partner get partial custody or temporary guardianship of my child from previous relationship?
Also will it affect the child support pending?
However, my partner have been in my childs life since she was 1.5 years old and is the father figure since. And my ex has not had any contact with myself or my child since Feb 2018. As well my ex lives in another state.
A:
It depends on a lot of factors. A parent's rights are superior to those of a non-parent. The Court can grant a non-parent custody or visitation rights in limited circumstances. These are generally through a guardianship action when a parent is unfit or a request for in loco parentis parenting time when the non-parent has stood in as the parent.
Child support is owed by the non-custodial parent to the custodial parent. If a non-parent is granted custody of a child, the Court can order the parent(s) to pay child support to the non-parent custodial parent.
A:
From the way I read this question, you are seeking to have a partner/significant other replace the biological parent who is not involved or is only involved with child to pay support. If that's correct, here would be my answer:
1) If you are primarily concerned about what would happen if something happened to biological parent, you will want to nominate the significant other as testamentary guardian of the child. This does not guarantee a court would grant guardianship over the parent's right to custody, but if the other parent is not proactive and does not respond, it would help.
2) If you and your significant other are interested in marrying, you could pursue a stepparent adoption. In Nebraska, you must be married for a partner to become a legal parent of a child. Adoption would terminate child support from the bio parent.
3) If custodial natural parent is living and involved with the child, there really is no legal mechanism beyond adoption to create a co-parent role for the custodial parent's partner outside of stepparent adoption. However, if you simply want partner to be able to sign releases, grant permission for medical care, etc. if natural parent is not immediately available, consider a Temporary Delegation of Parental Powers. They are revocable in writing at any time and expire automatically after 6 months. I hope this info is helpful!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
