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Women with custody of another womens child

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Rosect

Junior Member
ty...well he'll still be placed with me then untill she gets on her feet as a foster child at least I know for sure he'll b ok while living with me it really sucks step parents have no rights.
 


First of all, check with an attorney regarding the laws of your state and what exactly your rights are. As I explained before I have heard of a case where a step-mom got custody over mom because step-mom had been the child's primary care provider for several years. Moving that child would have also involved an out of state move and changing EVERYTHING in the child's life. THAT Court and that Judge was not willing to do that to that child.

What do these attorneys tell you in regards to a prossecuting attorney pursuing charges against your husband after all of this time has passed? That would be my FIRST question to an attorney before anything else. Hubby might not have reason to be sweating at all.
 

Rosect

Junior Member
well legally she has one more year to press charges of statutory rape charges...the majority of lawyers tell us that since is mandatory time if she press charges he will go to jail for 9months of mandatory time...this case is complicated because it's a family matter and criminal. For the criminal part lawyers tell us nothing matters mandatory time is mandatory time however I am hoping that they let him go with a measdemeanor like they did with a female with a similar situation a yr ago. Also I hope they take in consideration that dcf was aware of the age differance and as mandated reporters that they are they didn't report it. We can only hope. Mom is really naive and she doesn't care about what's best for the child. I really hate this situation the first foster home he was at he was removed because the foster father was raping his 14yr old adoptive daughter. Mother is aware of this and still rather have her son placed in dcf care than with us. It's a really sad story.
All I can hope is that those lawyers are right and I will get full custody of him since no one else will have custody of him. Honestly I don't think it works that way but it would be nice. Either way I will have him placed with me even if it is as a foster child but hopefully the lawyers are right and not just saying that so they can make money off of me.
 

Rosect

Junior Member
Update

Well I haven't been on here much so I have decided to give ya an update. Three weeks ago we had a court date for custody of the child. Mom didn't show up so they gave her a continuence. Two weeks 1/2 ago we had the other court date and she didn't show up again and asked for another continuence. The judge didn't grant it to her and gave my husband physical custody of the child. He has been placed with us ever since. The judge asked the questions what would happen to the child if mom went with her threats and dcf told the judge that I would be the childs foster mother especially since I am one already for my lil brother the judge agree with it and had the child placed here. She was granted supervised visitations every other Monday but not has attended any yet. The great news is the child will remain in this house hold even if he was to be charged with statutory rape. As far as her getting her things together dcf told us she has a LONG way and her commiment date is coming up in which dcf will try to take her parental rights away from her other 2children that are in dcf custody. So that would make it hard for her to get my stepson back. DCF is really working with us so I feel pretty confident.
 

Rosect

Junior Member
bradybunchmom, you are wrong about your opinion. The judge agreed that if my husband gets locked up I will be his foster mother. I'm already license as a foster parent in the state of CT, so the child would remain in my household. If her rights parental rights get terminated I can then adopt the child.
 

stealth2

Under the Radar Member
Rosect said:
bradybunchmom, you are wrong about your opinion. The judge agreed that if my husband gets locked up I will be his foster mother. I'm already license as a foster parent in the state of CT, so the child would remain in my household. If her rights parental rights get terminated I can then adopt the child.
I wouldn't worry too much about that particular poster, Rosect.
 

casa

Senior Member
Rosect said:
Well I haven't been on here much so I have decided to give ya an update. Three weeks ago we had a court date for custody of the child. Mom didn't show up so they gave her a continuence. Two weeks 1/2 ago we had the other court date and she didn't show up again and asked for another continuence. The judge didn't grant it to her and gave my husband physical custody of the child. He has been placed with us ever since. The judge asked the questions what would happen to the child if mom went with her threats and dcf told the judge that I would be the childs foster mother especially since I am one already for my lil brother the judge agree with it and had the child placed here. She was granted supervised visitations every other Monday but not has attended any yet. The great news is the child will remain in this house hold even if he was to be charged with statutory rape. As far as her getting her things together dcf told us she has a LONG way and her commiment date is coming up in which dcf will try to take her parental rights away from her other 2children that are in dcf custody. So that would make it hard for her to get my stepson back. DCF is really working with us so I feel pretty confident.
Thank You for updating us all. It is important for people to come back and share their experiences once court has finally happened- so people get a better understanding of the system.

I am glad to hear the judge made a decision in the best interest of this child. I agree DCF can be a supportive force for children of abuse/neglect. My experience with them was positive & it's nice to hear some good outcomes instead of only negatives.

I wish you continued success with the children.
 

syskjw

Member
In Georgia my relatives had a similar situation. Talk to the case worker from children and families and the can issue you temporary custody of the child.
 
T

titansfan

Guest
foster parents have no legal rights to the children in their care

even if you became the childs foster parent, you still would have no legal rights.the only way you could get legal rights is to adopt the child, untill then, you dont.
 

Rosect

Junior Member
yeah I already know that if he was to go to jail and the child becomes my foster child I wouldn't have no legal rights to him. All the matter to us at the moment is that he is in a stable enviroment. DCF plans to take her to court soon to terminate her parental rights for her other children. She hasn't been complying at all with dcf request.
 

mrsbrown

Member
Rosect said:
yeah I already know that if he was to go to jail and the child becomes my foster child I wouldn't have no legal rights to him. All the matter to us at the moment is that he is in a stable enviroment. DCF plans to take her to court soon to terminate her parental rights for her other children. She hasn't been complying at all with dcf request.

So if the birth mother loses her legal rights, and the foster mother has no legal rights and the dad is in jail...does he have the legal rights? Good luck!
 

Rosect

Junior Member
if that was to happen...if she lost her parental rights, dad is in jail and I'm his foster mother I can then adopt him.
 

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