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Out of state child custody

Asked Aug 6, 2011, 06:29 AM — 12 Answers
If child's bio mother was arrested and convicted of felony child neglect and child was removed from her care at time of arrest and given to the bio father in another state, then child was voluntary surrender custody by bio father to me for custody (court heard and signed) can the bio mother now released from prison, petition the court in my state to have the child removed from my custody and sent back to her? I have had this child for 4 years and he is now 5 years old and has disabilities. I am his sole support and we are the only family he knows.
How do I protect him and what steps do I take to allow her to have electronic contact but stop her from attempting to remove the child from me? I am doing this on my own through legal statutes in both states trying to find what to do. If someone can help because I am a breast cancer survivor in the last 4 months and am trying to protect this child at the same time. To remove him would devastate him in every way imaginable. He is getting all the care, love and education etc. With us and has been for all this time. He doesn't know his bio mother.
Would allowing her to Skype and see him once a week be sufficient? I get no child support from neither parent and support him on my own and my husband. I need advice.

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12 Answers
GV70's Avatar
GV70 Posts: 2,881, Reputation: 1431
Family Law Expert
  
#11

Aug 6, 2011, 09:57 AM


Quote:
Originally Posted by califdadof3 View Post
Custody can mean many things including gaurdianship which can be temporary.
Oh,no!
Custody and Guardianship are two different legal terms./notwithstanding that they have similar meaning/
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GV70's Avatar
GV70 Posts: 2,881, Reputation: 1431
Family Law Expert
  
#12

Aug 6, 2011, 10:06 AM


Quote:
Originally Posted by Katie1027 View Post
Your answer is exactly what I need to know. Thank you for your answer so very much!
My pleasure!
You are always welcome.
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ScottGem's Avatar
ScottGem Posts: 58,578, Reputation: 28375
Computer Expert and Renaissance Man
  
#13

Aug 6, 2011, 04:26 PM


Just my take, the mother can file, but I don't think she stands much of a chance. She will have to prove completely rehabilitation and the capability to be a parent. With the situation you describe, that seems unlikely.

But I think you should be proactive in filing for sole custody.
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