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-   -   How do we get custody? (https://www.askmehelpdesk.com/showthread.php?t=376065)

  • Jul 15, 2009, 03:45 PM
    dennes
    How do we get custody?
    My husband has had physical custody of his daughter for 9 1/2 years , wherein the biological mother has not even laid eyes on this child, I have been her step mother for 8 of those years.. all of the sudden the real mother tries to contact us and threaten to come get her , after 9 1/2 years of being non existent.. considering neither have full custody.. what would be the right way to take care of this situation with out compromising the child's safety (the mother tried to smother the child at 6 weeks old) we are scared for her and do not wan't visitation , just custody..
  • Jul 15, 2009, 03:53 PM
    N0help4u

    He has physical custody and I assume court ordered therefore she can not just come and do anything with the daughter. She would have to take it to court. Then I doubt she would win but if they want to grant her visitations then dad needs to request they be supervised visits and explain why.

    I don't see a court giving her any visitations if she tried to smoother her at 6 weeks old BUT I have seen the courts do just that.
  • Jul 15, 2009, 04:04 PM
    ScottGem

    Is the physical custody court ordered? Did the court allow visitation for the mother?
  • Jul 15, 2009, 04:28 PM
    dennes

    No not court ordered and so no visitation yet that's what we're afraid of
  • Jul 15, 2009, 04:31 PM
    N0help4u

    She hasn't been in the child's life in over 9 yrs and you have been raising her that is worth more than her reappearing after all that time.
  • Jul 15, 2009, 04:45 PM
    ScottGem

    If you do not have any court order, then you need to get one ASAP. Go to the court and apply for full legal and physical custody with no (or supervised) visitation.

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