[sbrev49]

My sisters ex fiancé (the father of her 8 year-old son whom he has custody of) is verbally threathening to take her 10 year-old daughter who is not his biological child. They lived together for a few years before breaking-up and have been apart for several years now. My sister is going through a rough time right now and is currently facing a situation where she will temporarily not have a place to stay. However, she is going to give temporary guardianship of her daughter to my mother and myself who live together. My sister cannot stay with us due to the lease we have in the apartment in which we live. Both my mother and I are currently disabled, but fully capable of taking care of and providing for my niece at this time. My mother has been diagnosed with stage-four colon cancer that has spread to other parts of her body. My sisters ex is saying that if she passes away (my mom) and since my sister does not have a place to stay and I am disabled, it is a promise that he will take her daughter. My niece does like the ex and does not ever want to live or visit him even though her brother is there. His own son cries and cries and constantly says he does not want to live with his dad, and would rather live with my sister whenever he visits us. He says he will do this so the children will be together (unfortunately even against the childrens' feelings). Is this legally possible? If so how can it be prevented? We live in the state of PA and the ex lives in NJ.

[this8384]

Unless there was paperwork filed giving your sister's ex any type of parental rights, he has none. If he's claiming that he wants the kids to live together, then he might as well just give their son back because he's not getting the daughter.

[Fr_Chuck]

If I understand this, he is saying he will take a child that is not his child.

Bull, he can never just take a child that is not his, that he has no legal right to, that is kidnapping.

The biologocial father of the girl, where ever and who ever he may be, has a full right to get the child since it is his child, he could fairly easy go to court and get at least temp custody.

And how is she going to sign over custody, is the fathe going to be notified, are you going to court for a temp court order of custody, if not, then any other paper work has no value in court, If she is just leaving the children there, you will need a power of attorney for medical and education care of the child.

If the children are his own, biological, he can go to court to get custody of them, often regardless of what the children want,