Ask Experts Questions for FREE Help !
Ask
    mzdeedadiva's Avatar
    mzdeedadiva Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 14, 2013, 07:03 AM
    Sole physical and legal custody rights
    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?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #2

    Mar 14, 2013, 07:19 AM
    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
    mzdeedadiva's Avatar
    mzdeedadiva Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 14, 2013, 07:33 AM
    Quote Originally Posted by Fr_Chuck View Post
    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
    We are in the process of moving out of the state. The Bio-mother is incarcerated until October of this year, can we move?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Mar 14, 2013, 09:36 AM
    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Sole legal and physical custody [ 2 Answers ]

I am awarded legal and physical custody of my child in the state of mass . Can I move back to Florida without my ex's permission ?

I have sole legal and physical custody does my ex have visitation rights? [ 1 Answers ]

I have sole legal and physical custody of my children, does my ex have any visitation "rights" or is this under my discretion? She has not paid any child support for 5 months and has not completed anything that has been ordered by the court in order to satisfy their requests.

Sole legal and sole physical custody rights? [ 8 Answers ]

I was granted sole legal and sole physical custody over my son and my ex husband was granted reasonable and seasonable visitation... what exactly does that mean? There is no actual written visitation schedule in our paperwork. I have followed the norm of every other weekend with some holidays,...

Moving out of state with sole legal and sole physical custody (California) [ 3 Answers ]

I am currently residing in California and currently have sole legal and physical custody of my ex's and I's 2 children. He, unfortunately, and not to bash, is a very bad alcoholic and even going to court this month for drunk in public and disorderly conduct (again). My current husband and I are...

Joint physical and Sole legal custody, what are my rights? [ 4 Answers ]

I am recently divorced and was awarded joint physical custody with my address being the primary. Also I was awarded sole legal custody. My ex refuses to let me pick up my children, and I was wandering what rights I have... My thought was that I could go pick them up and she couldn't stop me, but I...

View more questions Search