Desperate situation

[Grandma Barbara]

Years ago, my oldest (step)daughter divorced her abusive husband and left with her infant daughter. Before granddaughter was a year old, daughter found a great guy and they got married when granddaughter was about 2, so she has considered my son-in-law as her Dad since then. Granddaughter has just turned 14 and was never adopted by her stepfather. Unfortunately, daughter has been diagnosed with a severe case of clinical depression and has decided to pull a disappearing act, leaving her daughter and their son with our son-in-law. The problem arises that, as a non-biological parent, does he have any rights to keep her with him after all these years or does her biological father (who she has already decided not to have anything to do with) have rights that take precedence?? She has a younger half-brother and I think the worst thing that can happen is to fragment the family any further. Also, should they actually divorce, what could become of my granddaughter in that case?

This is further complicated by the fact that daughter has moved out of state and has her mail forwarded to her wherever she is - including the child support check that should be going to her daughter. What are the legal complications in that??

Please help!!! Thanks you so very much!!!

 

[LegalBeagle]

Is the bio father of the girl in the picture? Does he know what is going on ??

 

[Grandma Barbara]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
Is the bio father of the girl in the picture? Does he know what is going on ??<HR></BLOCKQUOTE>

He does not know yet since this is a fairly recent situation. Granddaughter really wants nothing to do with him and doesn't even like to go visit him. SIL and the kids live about 2 hours from where her bio. father and we live so there is not a lot of contact between her and her bio. father anyway. BTW, she has expressed her preferences to stay with her "Dad" and her brother should her parents eventually get divorced.

 

[LegalBeagle]

Generally bio parents have absolute rights.. BUT, a court will rule on the best interests of the child and when a child has been cared by the step parent over an amount of time, can (with a good attorney) win custody over the bio parents.

In this case, the step father has been with the child for 12 years, has another child, the bio mom has disappeared, bio dad not that interested and child does not want to even visit. Also, bio dad lives in different school district.

Overall, the step parent in this case has a good chance of gaining temporary custody.

He has two options.. wait and do nothing.. or file for immediate temporary custody.

I suggest he calls a few attorneys and get some 'proper' legal advice. Most will give him the first 20-30 minutes free...



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Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.