Originally Posted by
stevetcg
The background: I have been dating my girlfriend, A, for the last 22 months. She fled an abusive marriage to Z 2 years ago and has had no contact in 18 months or more. No divorce has been filed and he seems to have disappeared. She has a son, B (M33mo) who is biologically, legally and named after Z. There is no custody and support order, there has been no support and no indication that he is wanted by Z. We also have a daughter, C (F9mo) whom I am the biological and legal father of. We all (me, A, B and C) live together in Florida. A's mother M lives nearby and is very involved with the kids. I have raised B as my own child and he only knows me as Daddy. He and his baby sister are very close.
A gets hit by a bus and dies.
The questions:
1) what happens to B? Does M automatically get guardianship because Z is absent? If Z can be found is custody forced on him? Could it be fought if he were to suddenly show interest?
2) Do I have any rights? Could I GET rights were M to get guardianship/custody? Would that require anything special such as us living together (anyone want to sell a duplex?) or us getting married (I am going to need a drink before this is over...and lots of therapy)
3) Does the fact that I am the biological father to B's sibling have any affect on any of this?
4) M and I would very much be in agreement on what is best for B. Obviously she would need a lawyer. Would I need my own or could her lawyer represent both of us?
5) Would anything change these answers, such as a custody order, will, legal separation?
Please note that A is alive and well. This is just for information so that M and I can convince A that hiding and hoping Z never shows up again isn't the way to go.
Thanks for your time and happy Thanksgiving