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ladytee007
Jan 8, 2013, 07:29 AM
I currently have physical custody of my ex daughter for the last four years she is five now.. How do I adopt her without her bio parents consenting

smoothy
Jan 8, 2013, 07:47 AM
Simple answer there... you don't. Not without consent from both of them (the biological parents).

You may have custody.. but they are still the parents.

J_9
Jan 8, 2013, 07:56 AM
How did you get custody? What lead up to that? Is it legal custody or guardianship?

Fr_Chuck
Jan 8, 2013, 08:08 AM
First there is not enough information for me to even start to answer.
1. Where is this at, France ? Spain, Canada?
2. if US, what state,
Laws vary

Next what is your relationship, and why and how do you have legal custody of the child.

But it will have to go though court and will need an attorney for this, since it can become very complicated

ladytee007
Jan 8, 2013, 09:35 AM
She was taken from her biological mom when she was two days old Since I was finanically stable I was included and was one of the reasons her biological father was able to get custody in the first place. I have physical custody since she was one but been involved from the time parenity was establihed . I was engaged to her father but since brokebroke up and moved from nj to va. He doesn't see her or call unless.I ask him for some.type of money.. As for her mom the courts barred her from contact unless me.or him does it with the courts getting involved.. Long story short I have physcial custody with medical and educational consent. Her parenta are non.exsisting and I had her for almost.5 years.. hope that's enough info r_Chuck;3364287]First there is not enough information for me to even start to answer.
1. Where is this at, France ? Spain, Canada?
2. if US, what state,
Laws vary

Next what is your relationship, and why and how do you have legal custody of the child.

But it will have to go though court and will need an attorney for this, since it can become very complicated[/QUOTE]

ladytee007
Jan 8, 2013, 09:38 AM
Her bio mom has other children whom she was very neglectful to so she lost the rights to her children.. her father was my ex and since she known me as mommy it was better for her cause she is so.emationally attached to me. I was granted physical custody with some.legal decision making as in medical and education wise.
How did you get custody? What lead up to that? Is it legal custody or guardianship?

JudyKayTee
Jan 8, 2013, 09:51 AM
You need the consent of both birth parents in order to adopt. You were awarded physical custody but no child support?

Was custody awarded to you or to the father and you became the "mom" through your relationship with him?

Or am I missing something?

ladytee007
Jan 8, 2013, 09:57 AM
Custody was awarded to both of us. Mine being physical his being legal and physical. I was engaged to him when she came to live with us. Since then we broke up and for the past two years she been with me solely . I never went after child support cause I didn't want to complicate anything.. I was wondering how I get their rights terminated or if I can
You need the consent of both birth parents in order to adopt. You were awarded physical custody but no child support?

Was custody awarded to you or to the father and you became the "mom" through your relationship with him?

Or am I missing something?

JudyKayTee
Jan 8, 2013, 10:02 AM
In most States you would have to prove them neglectful or abusive. That depends on where you are.

I don't see an adoption being granted. I find it very unusual (and I'm in NY) that you, a non-related person, were awarded physical custody.

ladytee007
Jan 8, 2013, 10:13 AM
State of nj hudson county court did. I was included in him getting custody cause we were engaged and I was more stable. The judge told him if it wasn't for me he wasn't going to get her . I was just seeing my options cause I didn't want him to be spiteful one day . Thanks again for you guys answers :)
In most States you would have to prove them neglectful or abusive. That depends on where you are.

I don't see an adoption being granted. I find it very unusual (and I'm in NY) that you, a non-related person, were awarded physical custody.

ScottGem
Jan 8, 2013, 10:51 AM
State of nj hudson county court did. I was included in him getting custody cause we were engaged and i was more stable. The judge told him if it wasnt for me he wasnt going to get her . I was just seeing my options cause i didnt want him to be spiteful one day . Thanks again for you guys answers :)

Ok, this sort of explains things. The way I read it, the state decided to take custody from the mom for past abuses. They preferred to give it to the father but he was not too stable. However, with you behind him and your plans to marry, they decided to assign custody to both. When you split, because you had established a maternal relationship the courts allowed you to retain physical custody.

I think you might be able to get an adoption if the father agrees. While you will have to try to obtain the mother's agreement, I doubt that would be a stumbling block, even if she refuses. If the father doesn't agree, I don't think you will get the adoption.

ladytee007
Jan 9, 2013, 08:24 AM
Thanks for that input..
Ok, this sort of explains things. The way I read it, the state decided to take custody from the mom for past abuses. They preferred to give it to the father but he was not too stable. However, with you behind him and your plans to marry, they decided to assign custody to both. When you split, because you had established a maternal relationship the courts allowed you to retain physical custody.

I think you might be able to get an adoption if the father agrees. While you will have to try to obtain the mother's agreement, I doubt that would be a stumbling block, even if she refuses. If the father doesn't agree, I don't think you will get the adoption.