mom wants visitation/custody

[meccachic05]

Hi, we reside in Fayetteville, NC Cumberland County. The mother has not done anything for her son in 2 years and now wants visitation rights. My question since he has been with us going on 3 years and she has been no part of his life how are her chances of getting these rights. He will be 6 Feb. 19, 2009, and we kept him here since June 30, 2006. At first we were going to get him and bringing him back to her but she was never with him, she was always gone. So seeing how he was put on every medication and was 20 lbs at 2 and 8 months, we decided to keep him from her. She is now threatening to get visitation and keep him with her. She is 23 with 2 other kids that she doesn't take care of, her mother does. Also if she files a court order in her county and not where the child resides do we have to go to court in her county? How likely are we to get custody of his son since we have been the ones to raise him, feed him, nuture him, homeschool him, take him to the doctor when needed. She has failed drug tests
while being pregnant with her son and former daughter. She has been diagnosed with bi-polar, and depression. She also has been charged with possession of drug paraphernalia and resisting a public officer. I just wanted to know how likely are we to get physical custody since we do homeschool him and taking in consideration how long he has been with us. Also she is unstable, she does not work, has moved 6 times in 2 years. Just currently moved again.

Yes he has signed the birth certificate, I am not involving myself legally just trying to find answers for him. And no the parents were not married.

 

[irish223]

Hi, we reside in Fayetteville, NC Cumberland County. The mother has not done anything for her son in 2 years and now wants visitation rights. My question since he has been with us going on 3 years and she has been no part of his life how are her chances of getting these rights. He will be 6 Feb. 19, 2009, and we kept him here since June 30, 2006. At first we were going to get him and bringing him back to her but she was never with him, she was always gone. So seeing how he was put on every medication and was 20 lbs at 2 and 8 months, we decided to keep him from her. She is now threatening to get visitation and keep him with her. She is 23 with 2 other kids that she doesn't take care of, her mother does. Also if she files a court order in her county and not where the child resides do we have to go to court in her county? How likely are we to get custody of his son since we have been the ones to raise him, feed him, nuture him, homeschool him, take him to the doctor when needed. She has failed drug tests
while being pregnant with her son and former daughter. She has been diagnosed with bi-polar, and depression. She also has been charged with possession of drug paraphernalia and resisting a public officer. I just wanted to know how likely are we to get physical custody since we do homeschool him and taking in consideration how long he has been with us. Also she is unstable, she does not work, has moved 6 times in 2 years. Just currently moved again.

Has paternity been established? Were the parents married? Did the father sign the AOP at the hospital? If not, then that's the first thing he will have to do, and he should do it ASAP.

She may very well get visitation if she files.

You are a legal stranger in this situation and need to remove yourself from it. I understand that you live there and help care for the child, but you have no legal rights in this situation. The father and mother are the only ones entitled to custody. It is the father who currently cares for the child, has physical custody, kept the child from his mother, and can petition for custody.