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What are the chances of a non biological father getting any type of custody of a child after being a father figure for 5 years.
Anonymous8 views2 answers
My nephew dated his girlfriend on an off through high school. during the lase break-up she ended up pregnant by a heroin addict. my nephew assured her that everything was going to be ok and that he would be there to get her through this. the child was born and he was there for the birth and has been for the last five years of his life, during which time they bought a house and got married. they were married in October and she left him in November. he has his "son" every other week. It is quite plain to see the love, respect and devotion between them. He has called him daddy since the day he could. Now suddenly his mother decides that they have difference in parenting and she wants to move to PA with another man. what rights does he have? can she just up and leave?
Is his name on the birth certificate? when did they get married? Since the child views him as his father, the mother can't simply remove him from the child's life. This is a rather complex issue and I strongly suggest your nephew speak with an attorney as soon as possible. My office offers a free consultation, please call to schedule at your convenience.
It's been several questions & answers since I've had to punt one with "see a lawyer ASAP", but you're clearly in that category.
Yes, he absolutely has rights to the child and the child has rights to the relationship. It sounds like he's a psychological parent to the child, which is what would be key here. If he sits on his rights and she moves away, he'll lose them. Your odds of preventing the ripping away of these bonds are a LOT stronger than the odds of making her move back afterwards.
I don't know what county you're in (Carney's Point?), but I'd advise getting at least two consults with Family Law specialists. Many offer them for free or reduced cost.
Again.... (1) he has rights to the child and the child has rights to him as a psychological parent, (2) these rights will probably be lost if not asserted, (3) Your situation is way beyond what can be responsibly tackled on a Q&A board.
