Child Legal Guardianship

[adw123]

My wife and I have been married since 2000. She has a 10 month old son, who has lived with the father and his girlfriend since 2005.

They are no longer together and the ex girlfriend has filed for legal guardianship because the son has been living with her.

My wife has joint custody and primary placement is with the father, who no longer lives in the house.

We would like to know if she has the right to get legal guardianship because:

1. We were never notified of the father moving nor of his whereabouts.

2. Any financial agreement made with the father, was solely between him and her.

3. Currently, my wife has been paying for insurance for her son for at least 6 years.

Mind you, the ex girlfriend is no longer with him and neither have they ever been married to each other.

 

[army judge]

My wife and I have been married since 2000. She has a 10 month old son, who has lived with the father and his girlfriend since 2005.

They are no longer together and the ex girlfriend has filed for legal guardianship because the son has been living with her.

My wife has joint custody and primary placement is with the father, who no longer lives in the house.

We would like to know if she has the right to get legal guardianship because:

1. We were never notified of the father moving nor of his whereabouts.

2. Any financial agreement made with the father, was solely between him and her.

3. Currently, my wife has been paying for insurance for her son for at least 6 years.

Mind you, the ex girlfriend is no longer with him and neither have they ever been married to each other.

Only a court can decide if she is a fit parent and can be granted custody.
I suggest you advise her to speak with a couple local attorneys to discuss the matter.
The initial consultation is normally offered free of charge.
After those meetings she can then decide what she should do, and how much it will cost.