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    lisagm's Avatar
    lisagm Posts: 3, Reputation: 1
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    #1

    Jun 17, 2009, 06:55 PM
    Can not biological father get custody of children
    Well here is the story, I have a friend, and he needs help desperately.
    He was married and had a child with his wife, then they got divorce because of her adultry. She had another child with other man who took of and doe not want to do anything with the child, in a mean time, my friend who is the father of the first child, takes care of both kids as his own, financially and in any other way. Now recently, his ex-wife started taking drugs and not paying any attention to kids. So is there any way that my friend can take kids away from her and all this and take care of both of them.
    Thank you
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #2

    Jun 17, 2009, 07:07 PM

    He can go to court and ask for full custody of his bio child. For the other child, he could look into a guardianship.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 17, 2009, 07:09 PM

    Was the other child born while they were still married,

    Whose name is listed ( if any) as the bio father on the birth certificate
    lisagm's Avatar
    lisagm Posts: 3, Reputation: 1
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    #4

    Jun 18, 2009, 09:08 AM
    Sorry that I did not provide more details, I am not sure if the second child was born while there were still married, but I am 100% sure that his name is not on that child's birth certificate, the name on the birth certificate of second child is of his bio father who is now in jail.
    Thank you for the responses
    jenniepepsi's Avatar
    jenniepepsi Posts: 4,042, Reputation: 533
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    #5

    Jun 18, 2009, 09:26 AM

    That's going to make it harder. In order for your friend to adopt, he needs the bio fathers permission to terminate his rights.

    I'm not familiar with guardianship laws though. It may be different with just guardianship rather than adoption.

    Good luck hon :) I hope someone answers soon
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #6

    Jun 18, 2009, 12:39 PM

    Yes, guardianship is different than adoption. My aunt and uncle had a guardianship over me and my brother. It was basically like a huge custody battle. Me and my bro wanted to be with my aunt and uncle so they petitioned the court for the guardianship. Both my parents contested it. After counseling and mediation and all of my parents bs in court (name calling in front of the judge, changing stories with the judge making their lies obvious, etc) the judge granted the guardianship. It didn't terminate my parents rights, it just gave my aunt and uncle full custody and guidelines for how my parents had to go about contacting me and my brother (they had been coming to my workplace harassing me and coming ot mine and my brother's schools so the judge had to order them not to anymore.)
    lisagm's Avatar
    lisagm Posts: 3, Reputation: 1
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    #7

    Jun 19, 2009, 09:03 AM

    Thank you very much all,as I understand the Guardianship would be an easier option for him.Thank you again

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