My fiance has been raising his 3 1/2 yr old son for two years now by him self with no help from the childs mother. He left the childs mother two years ago and told the mother he was taking the child because she was neglectful and has a drug problem. She did not fight him over this until she found out that he was was seeing me, and they never went to court over costody. He had got into some trouble about a year ago resisting arrest because he was found sleeping in a car intoxicated. So he is spending a couple weeks in huber. While he is in huber his brother and mother are both taking care of his son. the mother of the boy found out he was in huber and went to see him there and thats when she found out that he was with me. so she freaked out and said that she was going to take her son and take him home which is out of the state. so she got the police and took him. he is a wonderful father, and takes really good care for his son and his son is very close to his father and has a hard time being apart from him, and his son only see's his mother mabye once a month. so he probably doesnt even remember her. do you think she has the right to take him, and when he goes to court over costody do you think he has a good chance of winning full costody of his son?
Does my fiance have a good chance of getting costody of his son?
- Thread Starter Daisyt25
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Were they ever married? If not, did he sign the AOP papers at the hospital when the child was born, or has paternity been otherwise established?
She was within her rights to take the child since there was no custody order. I don't know what 'huber' is, but it doesn't sound like something that will help him in a custody battle. The mother's drug abuse will have to be proven in order to be a factor in the custody decision. In other words, there are too many variables to predict the father's chances of full custody, but I wouldn't count on it.
here is some more info i forgot to add....He also has another son about 1 1/2 yrs that is in her costody and at one point about 6 monthes ago she had asked him to take his other son because she had no money and was bouncing from diferent homes because nobody could handle the way she lives. But he was already taking care of one of them and wasnt sure if he could handle two by him self.
These are important questions that affect the answer to your questions.
jacksgal
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Then he needs to establish himself as Father. This means he goes to court and seeks paternity order. (test) Once that happens he can then seek a custody/vistation/support order as she can. Until he is established (legally) as Father he is not Father. This means any monies he pays are considered "gifts" not support and Mom can deny visits
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