Ask Experts Questions for FREE Help !
Ask
    sharikiser's Avatar
    sharikiser Posts: 3, Reputation: 1
    New Member
     
    #1

    Apr 19, 2009, 06:40 PM
    Rights of Non-bio dad-guardianship vs adoption
    My husband is the acting dad of a 14 yr old girl. 14 yrs ago toward the end of a relationship (not marriage) his ex-girlfriend informed him she was PG, he new it may not be his, he stayed during pregancy, went through birth, and first few months of newborns life, and during medical visits and finding out blood types did not add up, he ended the relationship, she sued for child support, paternity showed the child was not his, the birth cert was amended, and the relationship ended justly. HOWEVER guilt of knowing that this baby would grow up without a father, caused my husband to continue a parental relationship. The bio-dad was found and named on the birth cert, he pays the mom childsupport but wants NOTHING to do with the child. The girl now 14 yrs knows my husb is not her bio-dad, we all know, and we are all okay with the set up. HOWEVER being a teen (which I have two myself from a prev. marriage I know all to well divorce teens ect) this child is wanting to live with us, we are structured/family/loving/typical. Her mom is an alcoholic and a functional mess. My husband has no rights, not legally, etc. We've talked about adopting her but the fear of the mom rearing her ugly head to hot poker us with child support etc we won't. I've heard of something called planery guardian ship? Is this or is there some way for us to have some sort of formal rights to this child's well being without having to pay child supprt? We could care less about the cost of raising her, her mom could keep getting her hefty check from loser absent bio dad, and my husband would be happy being her acting dad. I would just hate to move this child in to have the mom rip her away! What can we do? We love her, and want the best for her. I think we could convice bio-mom that IF something were to happen to her, where or whom would the child go? That we need some sort of legal/formal something to show that my husband is the dad of this child, that he can allow medical treatment, that he does have a say... I know bio mom would agree... however again she would never do anything if it meant she lost her child support from the bio-dad or that my husband and I pay her something in exchange... sick but true. We just want some legal rights, we would NEVER ask the bio-mom for child support, she could keep her hefty check from bio dad, we just want to provide a good home for her... and she deperately wants to live with us... WHAT should we do? What type of guardian ship would work for us is WA state? Adoption puts us in the childsupport arena. Please help... Thanks in advance.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Apr 20, 2009, 01:30 AM

    First-a parent of a child is a natural guardian over the person.
    A plenary/total/ guardian is a person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his or her own person or property.
    Legal custody is a similar status to guardianship, but is usually bestowed by a different court that has different procedures. Guardianship is usually granted by a probate court, whereas a family court grants legal custody.
    A guardianship is when a person (other than the child's parent) has legal custody and control over your child. The guardian has the right to make all decisions concerning the child, and is legally responsible for the child. When the child's parent has legal custody and control of the child, it is called “custody.” When someone other than the parent has legal custody and control of the child, it is called “guardianship.”

    If I read correct your other posts you are in Washington.
    There it is regulated by Chapter 26.10 RCW-Nonparental actions for child custody.
    According to the law,
    "Except as authorized for proceedings brought under chapter 13.34 RCW, or chapter 26.50 RCW in district or municipal courts, a child custody proceeding is commenced in the superior court by a person other than a parent, by filing a petition seeking custody of the child in the county where the child is permanently resident or where the child is found, but only if the child is not in the physical custody of one of its parents or if the petitioner alleges that neither parent is a suitable custodian. In proceedings in which the juvenile court has not exercised concurrent jurisdiction and prior to a child custody hearing, the court shall determine if the child is the subject of a pending dependency action."/RCW 26.10.030-Child custody proceeding /

    RCW 26.10.032
    Child custody motion — Affidavit required — Notice — Denial of motion — Show cause hearing.


    (1) A party seeking a custody order shall submit, along with his or her motion, an affidavit declaring that the child is not in the physical custody of one of its parents or that neither parent is a suitable custodian and setting forth facts supporting the requested order. The party seeking custody shall give notice, along with a copy of the affidavit, to other parties to the proceedings, who may file opposing affidavits.

    RCW 26.10.040
    1) In entering an order under this chapter, the court shall consider, approve, or make provision for:

    (a) Child custody, visitation, and the support of any child entitled to support;
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #3

    Apr 20, 2009, 01:34 AM
    Quote Originally Posted by sharikiser View Post
    We just want some legal rights, we would NEVER ask the bio-mom for child support, she could keep her hefty check from bio dad...
    It does not matter what you want here...
    If you get guardianship,the Court will be obligated to order child support to be paid both by the father and mother.
    I doubt that if she is informed that she will lose CS and also she will have to pay CS to you and also insurances etc , she will agree.

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!

Guardianship to adoption [ 1 Answers ]

If I have guardianship can I lose my rights

Guardianship rights [ 3 Answers ]

I just wanted to know, under what type of power can a guardian give permission for a minor of 16yrs to marry? Can it be done under the power of attorney form or does it have to be through court? Thank you!:)

Guardianship vs adoption [ 11 Answers ]

Hi, My husband and I now have legal guardianship of our grandson whom we have been raising. Both parents have voluntarily agreed to terminate their parental rights to allow us to adopt him. Our grandson really wants us to adopt him and we are happy to do that. I am wondering if we need to adopt...


View more questions Search