Can I get custody of my step kids ?

[drago13]

What is the name of your state (only U.S. law)? Florida

My wife has been sentenced to 18 months in prison for insurance fraud. I am left with her 2 children. All of a sudden their deadbeat dad wants custody. Do I have rights? I have supported her kids for 6+ years , have had them on my insurance and have provided a roof over their head. He is about 40k behind in child support, and has not had insurance on them in years. They have both stated to me and them that they want to be with me, what chances do I have to get custody ? He has been making comments that he can take them if he wants etc.. I am worried that he will, the kids have a good thing with me. They are in a good school, and have step sisters they love. their father is single and like to live the single life. He doesn't pay support, but is constantly seen out at the bars throwing his money around. When he does get them he will buy an expensive gift , to seem like the cool dad. What rights do I have?

 

[Proserpina]

What is the name of your state (only U.S. law)? Florida

My wife has been sentenced to 18 months in prison for insurance fraud. I am left with her 2 children. All of a sudden their deadbeat dad wants custody. Do I have rights? I have supported her kids for 6+ years , have had them on my insurance and have provided a roof over their head. He is about 40k behind in child support, and has not had insurance on them in years. They have both stated to me and them that they want to be with me, what chances do I have to get custody ? He has been making comments that he can take them if he wants etc.. I am worried that he will, the kids have a good thing with me. They are in a good school, and have step sisters they love. their father is single and like to live the single life. He doesn't pay support, but is constantly seen out at the bars throwing his money around. When he does get them he will buy an expensive gift , to seem like the cool dad. What rights do I have?

You have no inherent rights to the children at all - if Dad wants custody, he's likely going to get it.

By all means though speak with an attorney - I haven't checked yet but FL may allow for a defacto parent to obtain custody in these circumstances.


How old are the children, btw?

 

[Silverplum]

What is the name of your state (only U.S. law)? Florida

My wife has been sentenced to 18 months in prison for insurance fraud. I am left with her 2 children. All of a sudden their deadbeat dad wants custody. Do I have rights? I have supported her kids for 6+ years , have had them on my insurance and have provided a roof over their head. He is about 40k behind in child support, and has not had insurance on them in years. They have both stated to me and them that they want to be with me, what chances do I have to get custody ? He has been making comments that he can take them if he wants etc.. I am worried that he will, the kids have a good thing with me. They are in a good school, and have step sisters they love. their father is single and like to live the single life. He doesn't pay support, but is constantly seen out at the bars throwing his money around. When he does get them he will buy an expensive gift , to seem like the cool dad. What rights do I have?

Generally, a stepparent has NO legal rights (without an adoption, which makes a stepparent a parent.)

I'd recommend you consult a local family law attorney or two, discuss your case, see if s/he would see a way to keep the children in their school, in their primary home.

 

[dannyt]

dad has rights you have none

What is the name of your state (only U.S. law)? Florida

My wife has been sentenced to 18 months in prison for insurance fraud. I am left with her 2 children. All of a sudden their deadbeat dad wants custody. Do I have rights? I have supported her kids for 6+ years , have had them on my insurance and have provided a roof over their head. He is about 40k behind in child support, and has not had insurance on them in years. They have both stated to me and them that they want to be with me, what chances do I have to get custody ? He has been making comments that he can take them if he wants etc.. I am worried that he will, the kids have a good thing with me. They are in a good school, and have step sisters they love. their father is single and like to live the single life. He doesn't pay support, but is constantly seen out at the bars throwing his money around. When he does get them he will buy an expensive gift , to seem like the cool dad. What rights do I have?

none at all. they are not your children. and they dont decide whom to live with untill theyre 18. if dad wants custody, theyre going to dad.

 

[frylover]

I recommend that you note the advice given to you by Proserpina and Silverplum

 

[drago13]

thanks for the replies, even though its not really what I wanted to hear.

I always thought what ever was the best interest of the child, is what the court decides on. The fact that he has never had insurance or never paid child support, nor hardly ever sees them, would play in my behalf. I have been their real father for the past 7 years.. And their ages are 12 and 15..

 

[Proserpina]

thanks for the replies, even though its not really what I wanted to hear.

I always thought what ever was the best interest of the child, is what the court decides on. The fact that he has never had insurance or never paid child support, nor hardly ever sees them, would play in my behalf. I have been their real father for the past 7 years.. And their ages are 12 and 15..

Please, consult with a local attorney.

And please - don't go in there stating that you're their real father. The legal truth is that you're not, and claiming to be can (quite literally) blow any chance you have of gaining custody.

Good luck.

 

[las365]

Consult an experienced family law attorney. Even though you are a legal stranger, you may have standing to sue for guardianship or temporary custody because the children have resided with you for several years. Or you may not, as they were actually residing with their mother.

Be prepared for tough questions. Where were you while Mom was committing insurance fraud? Are you facing charges yourself? If you didn't know about it, how effective would you be parenting teenagers (who will conceal the behavior they don't want you to know about)?

Don't think you would be the easy clear choice over their father for parenting thses kids. But do get advice to see where you stand and what your options are.

 

[LdiJ]

thanks for the replies, even though its not really what I wanted to hear.

I always thought what ever was the best interest of the child, is what the court decides on. The fact that he has never had insurance or never paid child support, nor hardly ever sees them, would play in my behalf. I have been their real father for the past 7 years.. And their ages are 12 and 15..

Please do consult a family law attorney. The children's ages will factor in a bit in a judge's decision, particularly if they would have to leave their current schools to move in with dad...and particularly since mom may get out in a lot less than 18 months. If her actual sentence was 18 months, she could possibly get out in 9 or less.

However, you have to come to reality a great deal on your legal standing in the children's lives. No matter what your emotional relationship is with the children you are not one of their parents, and a court is going to favor a parent in almost/virtually every situation. The court has no choice. Parents have constitutional rights.

However, again, get a consult with a local attorney.