General Child Custody Question

[Skyymiles]

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

Can a step-mother have visitation rights?

 

[mistoffolees]

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

Can a step-mother have visitation rights?

Depends.

What is the situation?

 

[Skyymiles]

Her dad got arrested while I was pregnant, and he's about to go to jail for violation of probation for not paying his court costs and fines. But what I'm interested in, is while he's in jail, if his "soon to be wife" can have visitation rights.

 

[stealth2]

I would seriously doubt it. If I were the child's mother, I would fight it.

 

[Skyymiles]

Do you think, in your general opinion, that theres any way I could obtain full custody considering how much trouble he is in already? (ie. Domestic Voilence, Violation of Probation)

 

[LdiJ]

Her dad got arrested while I was pregnant, and he's about to go to jail for violation of probation for not paying his court costs and fines. But what I'm interested in, is while he's in jail, if his "soon to be wife" can have visitation rights.

"Soon to be wife"? Nope, she would have no standing at all.

 

[stealth2]

Do you think, in your general opinion, that theres any way I could obtain full custody considering how much trouble he is in already? (ie. Domestic Voilence, Violation of Probation)

Of your child? You will have full custody since you are not married. That could change if one of you files to establish paternity, etc.

Of his child with someone else? REALLY unlikely.

 

[Skyymiles]

Yeah, he's not even on the birth certificate as of now. Theres no DNA test and he refused to ever sign it but he goes back and fourth about whether its his or not.

 

[ecmst12]

Is the child born?

 

[Skyymiles]

Yes, she's a year old.

 

[justalayman]

unless you were married when you became pregnant, until, unless, somebody establishes paternity, even he has no rights let alone his girlfriend.

The only time I have heard of visitation for a non-relative was when there was some established relationship that the court felt should be continued for the well being of the child. It usually requires the relationship to be lengthy and meaningful. It doesn't sound like that is the situation here.

 

[Skyymiles]

ah, cool thanks Justalayman!