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    tabdullah's Avatar
    tabdullah Posts: 4, Reputation: 1
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    #1

    Jul 20, 2012, 05:18 PM
    Parental Rights
    Hello all,

    I have been in a relationship with a man and have been taking care of his son that recently turned 5. Its been a year since his ex abandoned both the child and her husband. My fiancé has already filed for divorce but she is being difficult. The child now refers me as 'mommy' and seems scared that ex's family might take him away. The child hasn't seen his Biological mother for over 6 months now. Can my fiancé file termination of parental rights against ex? Her family has threathened us to take the child away from his father. The child's mother has no interest in gaining her son back. She has neglected him for months and hasn't called to check up on him.

    T
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 20, 2012, 05:28 PM
    He can't terminate her rights until you are married and file for adoption. Her family can't take him away from his father unless the mother tries to enforce her rights.
    tabdullah's Avatar
    tabdullah Posts: 4, Reputation: 1
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    #3

    Jul 20, 2012, 05:40 PM
    Quote Originally Posted by ScottGem View Post
    He can't terminate her rights until you are married and file for adoption. Her family can't take him away from his father unless the mother tries to enforce her rights.
    This makes things clearer. We have talked to a lawyer, consultant and a social worker but things are still blurry for me. Thank you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 20, 2012, 05:59 PM
    Glad to help. I'm curious what the lawyer said?
    tabdullah's Avatar
    tabdullah Posts: 4, Reputation: 1
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    #5

    Jul 20, 2012, 06:18 PM
    Quote Originally Posted by ScottGem View Post
    Glad to help. I'm curious what the lawyer said?
    She said they can't take him away. If they do, they can be charged for kidnapping and it would be a federal offense because they live in a different state. But she did mention visitation rights.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jul 20, 2012, 06:24 PM
    The mothers family has no rights to this, only the mother has rights, the mother can fight for custody in court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 20, 2012, 06:31 PM
    Grandparents MIGHT have some rights for visitation. But that's all
    tabdullah's Avatar
    tabdullah Posts: 4, Reputation: 1
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    #8

    Jul 20, 2012, 06:39 PM
    Does she still have rights when she abandoned her family? Would the judge grant custody to a mother that has walked out of her family more than 3 times? And.. her eldest son was adopted by her sister. So, that would mean she lost her parental rights with that child, right? Thanks for the responses.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jul 20, 2012, 07:42 PM
    Yes she still has rights until a court terminates them. But given what you say about her I doubt if a court would grant her much.
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