Originally Posted by
Songbird78
He was given a paternity test by the Arkansas state office of child support enforcement when his son was about a year old. He was held legally responsible for supporting his son by court order, if that gives him the legality needed. We will definitely file for custody right away. Thank you.
The first part doesn't mean anything, but the second part means loads. For him to be required to pay child support via court order indicates he was declared the legal father. You DO need to get a copy of that court order to confirm that.
If he is the legal father then he has standing to obtain custody. However, you have no legal standing here.
Originally Posted by
Songbird78
We went to court then trying to get custody of him but the judge would not allow it without representation.
I'm bothered by this and think there is more to it then you are saying. A judge, especially in Family Court should not refuse a petition for custody just because the party does not have legal representation. Family Courts have, traditionally, tried to keep children with family. So for the court to place a child with a non relative over family indicates something more is going on here.
My question is why didn't your husband get representation and resubmit his petition for custody when the child was placed with this Guardian? What has been going on for the last 8 years? Why did he not, at least, pursue visitation rights?
As Tal said, dealing with the court system without legal representation does put you at a disadvantage. While it might cost for an attorney, if he wants his son, he needs an attorney. I would also suggest you pursue adoption as well. Until you adopt the child you will have no legal standing.