Keeping custody for a father

[Emily08]

Hello, my name is Emily. My fiance Jeremy has had his boys for about a year and a half now. We finally got custody of them in April 08. His son Gavin is 3, Austen is 2. Austen is not biologically his, but he is on his birth certificate, and Austen also has his last name. When we filed for custody, she didnt even show up at court. We had to redo all their shots and she has no contact with them basically over the year. The boys do not remember her at all. We are moving to a new house. One is starting preschool when we move. We are getting married in October. Everything is going so well. Their mother was addicted to drugs and alcohol. Now she is saying she has a lawyer, and will be taking custody of Austen since he is not biologically Jeremys. Do we have a fight at all against this? His biological father wants nothing to dow ith him and never has. Someone please advise me through this. I dont want to lose the boys when we are doing so well for so long now.

 

[irish223]

First of all, the father has custody, you do not. You have absolutely no standing in this matter, even after you marry. While it's okay for you to attend the court hearings and support the father, you should say nothing unless asked. The farther away you stay from this issue, the better for the father. You don't want to be accused of parental alienation.

If the father was married to the mother, when the child was born, then he is the legal father. Even if they were not married, he would still be the legal father if he signed the AOP at the hospital after his birth. Also, he has assumed the role of father, and has a relationship with the child, so it is questionable that his ex will be able to take him away. However, if she actually files, I would suggest getting a lawyer since she has one.

 

[Duranie]

I would not listen to mom. It sounds like he is the legal father of austen so he has a chance of keeping custody. He should call around for an attorney maybe one that does fathers rights?