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Non-Parental Custody rights

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JKBee

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

My son was going to post this, but his computer got major viruses last night and shut down. I am doing this for him so Please, don't criticize me for doing this.

He found out that "his" baby was really not biologically his. Since he is still the legal father, he has custody of both "his" girls.

His wife moved out and moved in with her boyfriend, who is evidently the baby's biological father. The mother has had three visitations in three months with the children. During this time the baby came back with bad bruises on her cheek and the eight year old was badly beaten by the boyfriend. CPS finally stepped in. The eight year old was interviewed by the investigative CPS worker. The worker totally believed her and was impressed by how well my granddaughter talked with her. She stated it is rare to have a child as intelligent and as truthful as my granddaughter to interview.

The baby came back with a badly bruised cheek. My son immediately took both children in to their pediatrician. This pediatrician made absolutely no notes in regards to this abuse, although she should have immediately reported it to CPS, according to my granddaughters' caseworker. However, the pediatrician is no longer at this clinic. There are pictures of the bruises, and the baby has been taken in for a special physical and full body x-rays, which CPS asked for.

The CPS worker has interviewed both the mother and her boyfriend. It is her recommendation that the boyfriend has no further contact with the children and the mother only have limited supervised visitation.

My son has to respond to the court order that the mother is asking for in regard to the court's acceptance of DNA results and that her boyfriend then be put onto the baby's birth certificate as the father. This she has the right to do, and I am sure the court will award this to her. However, she is asking for immediate custody of the baby.

My son wants to go into court and ask for non-parental custody, as the case worker has stated to him that the baby will be put into foster care immediately if this custody is awarded to the mother.

Does anyone know about the laws regarding non-parental custody? My son's lawyer has stated that this is not part of his divorce, as he is not the father, and refuses to represent my son in this action. He is trying to get help from legal aid, but this response has to be returned to the court by the first of next week.

And if anyone is wondering why my son wants this baby, he is not just trying to be vindictive. The baby was three months old before his wife told him he is not the father. The eight year old as well as my son love the baby for who she is herself. There has been alot of love lavished on this child. My son doesn't see this as any different from loving an adopted child. For a year he thought he was the baby's father.

Since foster care is the alternative, turning this baby into another state statistic, does anyone have any advice for non-parental custody rights?
 


Proserpina

Senior Member
The baby was born during the marriage, yes? ie, before separation?

How old is the child?

Hang on a sec - this is giving me a really weird feeling of deja vu. Have you asked this before?
 

JKBee

Member
Yes, the baby was born during the marriage. She was three months old when the mother left my son and the girls in order to live with her boyfriend.
 

Hisbabygirl77

Senior Member
Yes, the baby was born during the marriage. She was three months old when the mother left my son and the girls in order to live with her boyfriend.
Im confused if baby was born during the marriage wouldnt posters son still be legally considered the father? Or did the DNA test void that?
 

JKBee

Member
Right now he is the legal father. Next week he has to reply to her court documents that want the DNA test accepted so that her boyfriend will be the legal father. As soon as the court accepts these results, my son loses all rights.

That is why he is wanting non-parental custody to keep the children together and to keep her out of the foster care system.
 

JKBee

Member
I have posted about how to get CPS to step into this mess. CPS has evaluated the situation and made a decision about the granddaughter's boyfriend's abuse and the mother's neglect.

This is a totally different thing, about non-parental rights to be granted regarding the baby. He needs to know the laws pertinent and how to file such a motion without his lawyer's help, since his lawyer refuses to represent him here. He is going to go to legal aid tomorrow, but it would help to have some knowledge of what to ask, etc.
 

CJane

Senior Member
He needs to file for a continuance pending the resolution of the CPS case. ESPECIALLY if CPS has recommended that the BIOLOGICAL FATHER have no contact with the children.

Also, you mentioned in your other thread that Mom had kids taken away from her before for abuse/neglect, yes?

How long ago? Why did your son have children with a woman who was already proven unfit once?
 

JKBee

Member
Her son was taken away about 12 years ago.

My daughter in law was on birth control pills, or so she said, when she got pregnant with both of these girls. My son was delighted with their births and has tried to be pretty much mother and father to them. They were both pretty much "accidents", but well loved by my son and by his father and myself and my husband as well. The mother has just always given them any attention as she decided was convenient for her.

If I had felt I had the right, I would have told my son to leave her long ago. I did tell him not to marry her when I felt I did have the right. It didn't go over very well! Something about young and dumb and in love....
 

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