Ok so I am going to try to do this as breifly as I possibly can....
My husband has a child (born in GA) who is 5 1/2 years old. The child has lived with her mother since birth in FL. Up until April of this year he had only been allowed to see his child on 3 seperate occassions the last time being in 06. He filed a petion for DNA testing in 04 which proves that he is the biological father of the child. However- the mother has never consented to put his name on the childs birth certificate. In April she and the child moved up to NC to live with us. In may she decided that she was going to try to make things work with her current husband and left to go back to FL- leaving the child with us. Since she has been gone (only a month) she has been baker acted- for suicidal thoughts- she has since being released attempted suicide again- she has had homicidal thoughts towards her husband and his "girlfriend"- (*all documented in txt messages*) Two days ago there was a domestic incident between her and her husband - apparently the husband beat the door in and slamed her in the head with it! Their 4 month old child was sent to stay with his grandparents for the night to keep DCFS from taking him. However DCFS has filed a report and are investigating. Neither her nor her husband have a job- the house they live in is in forclosure- and they could be evicted anyday now. They are having parties with her husbands 15yr old stepsister and their child in the home- allowing the 15 yr old to drink and have sexual relations with her 17yr old boyfriend. These conditions are not condusive of a healthy living enviornment for this child.
What are our rights??? I know we can file for a petition to legitimate the child but right now the fear that she is going to come and take this child from our care and put her into that situation is devistating us. The legitimation process takes a long time we are on borrowed time. I have heard conflicting information and I need to have it cleared up. I have heard that If paternity has been established by civil court proceedings then the father has the same rights as the mother until there is an order granting custody. Is this true?? If the mother comes to take this child are we legally able to refuse to let her go???? In the county we live in we can not go to the court house and petition for emergency temporary custody- we have to hire an attorney and right now I believe that jurisdiction is in FL as the child has only been with us for 2 and a half months. I have heard that there is a 6 month time frame for jurisdiction but have also heard that within that law there is a subsection stating that jurisdiction can be changed if the child is in the state for the better part of 6 months - the example I was given was 95 days. Is this true? Please tell me there is something that we can do here. The mental health as well as the physical safety of this child are at risk. I am getting no where with local law enforcement- DSS- or attorneys- they will do a consult but no definative information is given until a $3000 retainer is met. And that does not guarantee that they can even represent us if the jurisdiction does not stand here in NC. Also am I understand the UCCJA correctly- jurisdiction is based on where the CHILD has lived NOT the parent seeking custody??? And can the jurisdiction be overturned??? I read that there can be exceptions to the law if it is in the best interest of the child due to "significant connections" - if so please explain what would classify as Significant connections? Any answers even if it is to one question would be greatly appreciated. I am a mother of 3 kids myself and could not fathem putting my children through this. The child is not property- or a material object. Our original goal was to just be involved in the childs day to day life- but with the fear of iminante danger, it is in the child's best interest to be removed from that situation.
Thank you for your time and consideration in this matter- It is a difficult one to be in and I would greatly appreciate any prayers that this matter get resolved as peacefully as possible.
My husband has a child (born in GA) who is 5 1/2 years old. The child has lived with her mother since birth in FL. Up until April of this year he had only been allowed to see his child on 3 seperate occassions the last time being in 06. He filed a petion for DNA testing in 04 which proves that he is the biological father of the child. However- the mother has never consented to put his name on the childs birth certificate. In April she and the child moved up to NC to live with us. In may she decided that she was going to try to make things work with her current husband and left to go back to FL- leaving the child with us. Since she has been gone (only a month) she has been baker acted- for suicidal thoughts- she has since being released attempted suicide again- she has had homicidal thoughts towards her husband and his "girlfriend"- (*all documented in txt messages*) Two days ago there was a domestic incident between her and her husband - apparently the husband beat the door in and slamed her in the head with it! Their 4 month old child was sent to stay with his grandparents for the night to keep DCFS from taking him. However DCFS has filed a report and are investigating. Neither her nor her husband have a job- the house they live in is in forclosure- and they could be evicted anyday now. They are having parties with her husbands 15yr old stepsister and their child in the home- allowing the 15 yr old to drink and have sexual relations with her 17yr old boyfriend. These conditions are not condusive of a healthy living enviornment for this child.
What are our rights??? I know we can file for a petition to legitimate the child but right now the fear that she is going to come and take this child from our care and put her into that situation is devistating us. The legitimation process takes a long time we are on borrowed time. I have heard conflicting information and I need to have it cleared up. I have heard that If paternity has been established by civil court proceedings then the father has the same rights as the mother until there is an order granting custody. Is this true?? If the mother comes to take this child are we legally able to refuse to let her go???? In the county we live in we can not go to the court house and petition for emergency temporary custody- we have to hire an attorney and right now I believe that jurisdiction is in FL as the child has only been with us for 2 and a half months. I have heard that there is a 6 month time frame for jurisdiction but have also heard that within that law there is a subsection stating that jurisdiction can be changed if the child is in the state for the better part of 6 months - the example I was given was 95 days. Is this true? Please tell me there is something that we can do here. The mental health as well as the physical safety of this child are at risk. I am getting no where with local law enforcement- DSS- or attorneys- they will do a consult but no definative information is given until a $3000 retainer is met. And that does not guarantee that they can even represent us if the jurisdiction does not stand here in NC. Also am I understand the UCCJA correctly- jurisdiction is based on where the CHILD has lived NOT the parent seeking custody??? And can the jurisdiction be overturned??? I read that there can be exceptions to the law if it is in the best interest of the child due to "significant connections" - if so please explain what would classify as Significant connections? Any answers even if it is to one question would be greatly appreciated. I am a mother of 3 kids myself and could not fathem putting my children through this. The child is not property- or a material object. Our original goal was to just be involved in the childs day to day life- but with the fear of iminante danger, it is in the child's best interest to be removed from that situation.
Thank you for your time and consideration in this matter- It is a difficult one to be in and I would greatly appreciate any prayers that this matter get resolved as peacefully as possible.
