Q: Divorce with a minor child that a family member gave us custody of, what do we need to do to ensure I will have rights?

A: Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child. How old is the child and how long have you and your ex been exercising sole parental rights over this child? Whether or not you should add the child to your divorce paperwork, might be needed, but it might not be needed, depending on how and where your parental rights were derived and the type of parental rights you were ordered to have over the child.

I would recommend that you seek out an attorney experienced family law attorney to consult with and to immediately guide you in the right direction in handling this delicate matter. You will want to be able to share with the attorney the paperwork that was filed with the Court and advise the attorney of the current status of the child, e.g. who is the child living with now that you and your ex are no longer together, who takes primary care of the child historically and now that you have separated, is there any entity or social worker overseeing the child's progress under your parental care, etc. You would also want to know if the ex has filed anything with the court, which the attorney should be able to look up and advise you. Some attorney's offices, as ours, provide free consultations, and I would recommend pursuing a consultation immediately given the circumstances of your situation. Best of Luck.

A: To protect your parental rights during the divorce, it's important to formally establish and document your custody arrangement in court. Make sure that both your name and your ex’s are listed as legal parents in all relevant court documents. If a family member initially gave you custody, ensure that this arrangement is clearly outlined and recognized by the court.

Respond promptly to any filings your ex may submit that attempt to alter custody or parental rights. You might need to attend a custody hearing where you can present your case for maintaining your rights. Gathering evidence of your involvement and commitment to your child’s well-being can strengthen your position.

Regarding the divorce papers, you should definitely include your child in the filings to address custody and support issues directly. This ensures that all aspects of your family situation are considered together. Consulting with a family law attorney can provide you with tailored advice and help navigate the legal process effectively.