[Songbird78]

My step-son was living with a guardian(non-relative) after being taken away from his mother about 8 yrs ago. We went to court then trying to get custody of him but the judge would not allow it without representation. My husbands name is not on the birth certificate but paternity was established. Until a few months ago they would not let my husband be a part of his life. We now have a very good relationship with him, and were planning taking custody of him over the summer. However, the guardian he's been living with got busted for drugs 2 days ago and he was taken by cps even though we showed up to try to take temporary custody until we could get full custody of him. He has been through enough in his life and to be taken by cps and strangers is not what he needs. We need to know what rights we have and what steps to take to get him from cps and bring him into our home. Please help!

[GV70]

"My husbands name is not on the birth certificate but paternity was established."
There are several ways a paternity to be established . How ?
Your husband can be the biological but not the legal father.
However you have to file immediately for temporary custody in court. DCPS cannot make custody determinations , it is up to the Court .

[talaniman]

It takes a court order to even gain temporary custody of this child, usually with the recommendation from CPS. That's where I think you start, with CPS and a petition to the court. Expect an investigation, and consider hiring a lawyer to guide you through this process more efficiently, and effectively.

[Songbird78]

"My husbands name is not on the birth certificate but paternity was established."
There are several ways a paternity to be established . How ?
Your husband can be the biological but not the legal father.
However you have to file immediately for temporary custody in court. DCPS cannot make custody determinations , it is up to the Court .

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.

[ScottGem]

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.

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.

[Songbird78]

My husband tried gaining visitation, and tried to find a lawyer to work with him on payment options but his job at the time was not paying enough to cover a $ 3,000 retainer that was the cheapest offered at the time. Since then he lost track of his sons whereabouts and the guardian didn't want my husband to have any contact which complicated things. It was the "aunt" that contacted us saying that his son wanted to see him and that was in the child's best interest.

[Songbird78]

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

In small counties in Arkansas there is only one judge that presides over all cases civil and criminal. So it was not specifically family Court just civil. He did not have a formal petition to get custody it was a verbal petition to the judge. He went to the mothers hearing over custody when the child was being removed from her due to neglect and drugs. He asked the judge to grant him at least temporary custody until he could petition to get full custody.

[ScottGem]

OK, I get that the judge probably said something to the effect of "this is an improper petition, you need to get someone to represent you to do this right". There are many alternatives to paying in full for an attorney. For example, many law schools run clinics that will help people prepare the proper paperwork and strategy. While they can't represent one in court they can prepare the proper petitions and briefs.

Since then he lost track of his sons whereabouts

I'm not judging here, but a court will look at this as not really caring about the son if he didn't pursue this. Which is going to make gaining custody more difficult.