Very Confused....

[Brandirs]

What is the name of your state? West Virginia

I have been with my boyfriend on and off for almost 12 years. When I met him he had a son that was about 6 months old. Roughly a few months after we first got together, his son was taken away from the biological mother for abuse and neglect by the State of West Virginia. We went through 9 months of court and at the end of that 9 months, the biological mothers rights were terminated and my boyfriend was given full legal custody of his son. We have raised him together for the past 12 years, and even at times when my boyfriend and I were not together, his son stayed under my care. I have been the only "mother" that he has ever known. At this point, I would like to "adopt" this child or at least have Legal custody of him as well. His father is supportive of whatever I can do, we just don't know where to start or what the process would be etc.

Can you help or give me some advice of where to go and the correct terms I would need. I don't know if this would fall under "step-parent" adoption, or If its just legal guardianship process.. etc..

Thank you,
Brandi

 

[Litigation!]

What is the name of your state? West Virginia

I have been with my boyfriend on and off for almost 12 years. When I met him he had a son that was about 6 months old. Roughly a few months after we first got together, his son was taken away from the biological mother for abuse and neglect by the State of West Virginia. We went through 9 months of court and at the end of that 9 months, the biological mothers rights were terminated and my boyfriend was given full legal custody of his son. We have raised him together for the past 12 years, and even at times when my boyfriend and I were not together, his son stayed under my care. I have been the only "mother" that he has ever known. At this point, I would like to "adopt" this child or at least have Legal custody of him as well. His father is supportive of whatever I can do, we just don't know where to start or what the process would be etc.

Can you help or give me some advice of where to go and the correct terms I would need. I don't know if this would fall under "step-parent" adoption, or If its just legal guardianship process.. etc..

Thank you,
Brandi

My response:

Why??

IAAL

 

[Brandirs]

???

Im not sure what you mean by Why?

I just want some kind of Legal guardianship to him. I mean I myself can not see the future, his father has been very supportive of keeping him in my life, but the fact remains is that he has legal guardianship of him and at any time he could simply say that his son will have to live with him, or make decisions about him and I have no say in anything legally. Say for instance if my boyfriend moves away, out of state, and he wants to take his son with him, I have no legal rights what so ever to keep him with me. So in this case, legally his son would have to move with him and I have raised this child from day one as my own son.

Does that make any sense.???

 

[Litigation!]

Im not sure what you mean by Why?

I just want some kind of Legal guardianship to him. I mean I myself can not see the future, his father has been very supportive of keeping him in my life, but the fact remains is that he has legal guardianship of him and at any time he could simply say that his son will have to live with him, or make decisions about him and I have no say in anything legally. Say for instance if my boyfriend moves away, out of state, and he wants to take his son with him, I have no legal rights what so ever to keep him with me. So in this case, legally his son would have to move with him and I have raised this child from day one as my own son.

Does that make any sense.???

My response:

Sure, it makes sense from an "emotional" standpoint; but, from a legal standpoint, you'd be legally, financially, responsible for the child until he's 21, and that includes college tuition, as well as anything else the child requires. At least, as it stand now, you could give him these things on a voluntary basis, but there would be no law that could "force" you.

If the father moves, or tries to keep you away from the child for any reason, you could, at that time, file a Petition for visitation based upon yours, and the child's, psychological "connection." But, right now, it doesn't appear that there is any "urgency" to the situation.

Just continue doing for the child as you've always done - - but, always do it voluntarily, unless and until "push comes to shove."

IAAL

 

[Brandirs]

I understand..

Your very right and I never really saw it that way per say. I mean as I stated before, the father is very supportive of our relationship and I don't forsee him making the move to take him away from me, I guess in some way shape or from I just felt that doing it this way was covering my azz, and that I would have that legal foot to stand on if something would arise.

But I do see it your way as well.