Pa Mother passed away, I want my son with me in FLA

[TerryT]

What is the name of your state?FLA - Dad
PA - Mom (deceased)

My son's mother had a "live-in" for @ 8 years. He claims he has "rights" to my son and "there is no way he is going to allow me to take him!".

What are his rights (if any)?

Is there any way at all he can stop me from taking my son to FLA?

M.T.

 

[LegalBeagle]

What is the name of your state?FLA - Dad
PA - Mom (deceased)

My son's mother had a "live-in" for @ 8 years. He claims he has "rights" to my son and "there is no way he is going to allow me to take him!".

What are his rights (if any)?

Is there any way at all he can stop me from taking my son to FLA?

M.T.

You are now the only legal parent of the child. Since he will not give up the child, then you need to retain an attorney in PA and file for custody.

 

[DennisK]

Dear Friend:

I too am in the same situation except for I am dealing with the maternal grandparents. I would like to know what county in PA you are referring to as I may be able to refer you to an attorney or provide you with third-party custody case laws. I also live in Florida as well and my ex-wife's parents have just filed for sole legal and physical custody of my children. Case law indicates that the third-party bears the burden of proof and must give "convincing" reasons why you should not have custody. Please contact me via this post if you want.

 

[TerryT]

Thank you for your interest. Jake resides in Allegheny County with his deceased mother's 8 yr (+/-) "live-in".
I am hoping it won't be necessary to have a lawyer. I am in hopes we can get this resolved through mediation, but it would be a good idea to have one, just-in-case...
TT

 

[DennisK]

Has the live-in boyfriend filed for any sort of custody?

 

[ktarra617]

steps and live in's have no legal rights and like dennis k said the third bears the burden of proof to convince a judge of any kind of custody. I would contact a lawyer and see what they say. Contact the local courts in your son's area to see if he has filed anything on custody to make sure that you know about it.

I think I would end up retaining a lawyer just in case the live in decides to carry out his little threats and do his best not to let you have your son.

however I truly beleive that the court will tell the live in he is wasting the courts time by not turning your son over to you as you are the surviving parent.

Good luck to you.

 

[TerryT]

The live-in has filed an interim custody order (6/13/02). As I said, I am in hopes to solve this with mediation, but I will seek legal counsel...
TT

 

[LegalBeagle]

The live-in has filed an interim custody order (6/13/02). As I said, I am in hopes to solve this with mediation, but I will seek legal counsel...
TT

Hope? If he gets that interim order then you have a harder battle. You need to retain counsel NOW and immediately file your own petitions.

 

[TerryT]

I will be returning to FLA - w/o Jake - on 6/19 and I will definitely be seeking legal counsel!
Thank you for your interest...
TT