Ask Me Help Desk - My son by heart

Okay Guys, thanks for your advice.

Quote:

Originally Posted by Hildie

I meant a will. I apologize for confusing the two.

Custody cannot be assigned by Will - you can list your preferences but they are not legally binding.

Was the lawyer right when she stated that the burden of proof for custody was up to his mother? Would he remain with me should she contest it?

Are you married to the child's father, The step parent can adopt if the bio parent will sign away the rights to allow an adoption.

If the bio mother goes to jail long term, it can be a reason to take rights away in some states.

Merely not paying child support and not visiting is not grounds for taking rights away.

Quote:

Originally Posted by Fr_Chuck

Are you married to the childs father, ? the step parent can adopt if the bio parent will sign away the rights to allow an adoption.

If the bio mother goes to jail long term, it can be a reason to take rights away in some states.

Merely not paying child support and not visiting is not grounds for taking rights away.

No, the OP is the aunt - the sister of the father. She has intentions of adopting the child and becoming his/her mother (from what I read).

A post containing a lot of the background was pulled.

Quote:

Originally Posted by Fr_Chuck

Are you married to the childs father, ? the step parent can adopt if the bio parent will sign away the rights to allow an adoption.

If the bio mother goes to jail long term, it can be a reason to take rights away in some states.

Merely not paying child support and not visiting is not grounds for taking rights away.

I am the aunt. The child's bio father is my brother. I am just trying to see what my rights would be if something should happen to his father. I have a friend who is going through a custody battle and is in a similar situation. Nothing was left in writing and the child is a minor whose mother wants custody simply because the child will be receiving a SS check.

Quote:

Originally Posted by JudyKayTee

No, the OP is the aunt - the sister of the father. She has intentions of adopting the child and becoming his/her mother (from what I read).

A post containing a lot of the background was pulled.

No post of mine was pulled Judy.

Quote:

Originally Posted by Hildie

No post of mine was pulled Judy.

Read backwards - " Today, 01:12 AM
Hildie
This message has been deleted by ScottGem. Reason: rudeness and orphans"

Wow Scott just when I was starting to like you! LOL Did not mean any harm in my comment and I apologize if I offended you.

Quote:

Originally Posted by Hildie

Wow Scott just when I was starting to like you!! LOL Did not mean any harm in my comment and I apologize if I offended you.

I did pull a couple of posts that violated the rules. But none of them contained any info pertinent to this thread.

Let me summarize here. Your niece (brother's child) lives with you and your brother and has since birth. Your brother was granted full custody when he was 2, but the mother had visitation which she has rarely exercised. You are wanted to know 1) can her rights be terminated and 2) what will happen to the child if your brother dies.

1) It is highly unlikely that a TPR would be granted against the mother. Even if she is not visiting or paying support, the courts would be very reluctant to grant a TPR. There is a possibility you might be able to adopt, if the mother is willing but you will need an attorney to explore that avenue.

2) Custody can not be legally granted by will. While you can include a provision expressing preferences for who takes guardianship of the child, the bio paren't rights take precedence. So such a clause in a will would not survive a challenge.

Quote:

Originally Posted by ScottGem

I did pull a couple of posts that violated the rules. But none of them contained any info pertinent to this thread.

Let me summarize here. Your niece (brother's child) lives with you and your brother and has since birth. Your brother was granted full custody when he was 2, but the mother had visitation which she has rarely exercised. You are wanted to know 1) can her rights be terminated and 2) what will happen to the child if your brother dies.

1) It is highly unlikely that a TPR would be granted against the mother. Even if she is not visiting or paying support, the courts would be very reluctant to grant a TPR. There is a possibility you might be able to adopt, if the mother is willing but you will need an attorney to explore that avenue.

2) Custody can not be legally granted by will. While you can include a provision expressing preferences for who takes guardianship of the child, the bio paren't rights take precedence. So such a clause in a will would not survive a challenge.

Thanks for your help Scott.

Thread closed