My Fiancé was granted sole physical and sole legal custody of his now 6 year old daughter. The biological mother has been in and out of jail since the baby was 8 months. The bio-mother said when she gets out of jail t his time she's going to file for sole legal custody and she doesn't want me to have a say in the baby's life, but I take the baby to and from school, dance rehearsal , etc. I wanted to know once we are legally married will I have any rights to our daughter's up bringing and can the bio-mother get legal custody of our daughter once she's released? I also wanted to know do the bio-mother' s family have any rights to the baby?

No you will have no rights what so ever, your soon to be husband has the rights, not you. You would have to adopt the child to have any rights at all. The bio mother most likely will not get custody, but will have ability to get at least limited or supervised visits

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Originally Posted by Fr_Chuck

No you will have no rights what so ever, your soon to be husband has the rights, not you. You would have to adopt the child to have any rights at all. The bio mother most likely will not get custody, but will have ability to get at least limited or supervised visits

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We are in the process of moving out of the state. The Bio-mother is incarcerated until October of this year, can we move?

If a court granted the father SOLE physical and legal custody, that would mean the mother has no visitation rights. So it should not be a problem to move out of state, though you should inform the mother of your new address.

As Chuck said, you have no legal rights unless you adopt the child. And that might be difficult if the mother objects.

On the other hand, with her history, I don't see any likelihood of the mother getting anything more than supervised visits.