Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My sister is an addict with a criminal history and has a 10-year old daughter. She has agreed to give me custody of her so I can take care of her. The child’s father lives in a different state and is an addict with a criminal history and has served time. We have not been able to locate him in the past 10 years and he has not paid any child support. Does he have a legal right to claim the child? His mother does call and occasionally sends care packages for the child, but refuses to assist in making her son pay any child support. She is aware he is wanted in the state of Indiana for failure to pay support.
If his parental rights have not been terminated, he has the right to request child custody and object to you receiving custody. If he was never listed as the child’s father on the birth certificate, he may be able to file a paternity action to establish his rights and request custody. It is in your best interest to consult with a local attorney for legal advice pursuant to your state law.
