If a Parent Passes Away, Is Custody Automatically Granted to the Living Biological Parent?

I know two young men who’s mother has passed away and their father has come and taken custody of them. He doesn’t know them and they don’t want to live with him. What can they do? They resided in Florida with their mother and would like to remain here with a close friend of their mother’s who is willing to be their legal guardian. Read More …

My Ex has Moved Away and has Kept me from Visiting my Children, What Can I do?

My ex-wife was given permission by the courts to move the children out-of-country to Germany and subsequently relocated to a military base in the Marshall islands without notification to myself or the courts. The court orders state that I am to have visitation every summer and alternate major holidays along with liberal communication. Since my ex-wife is the custodial parent, is this in any way considered parental kidnapping or any other criminal offense or is it okay for her to continue alienating me from my children in this way. Read More …

Can an Ex Try to Gain Custody, If he’s Not the Biological Parent/Father?

My sister had a baby out of wedlock and for about the first 12 months a man who was not the biological father took him about once a week or so. This man was an ex-boyfriend of my sister’s who was just simply a pest and nuisance. Now, a year later, he is trying to get custody. Can he do this? Even though he is not the biological father and has a terrible record? Read More …

Can we Gain Temporary Custody of our Grandchildren Without Notifying DCFS or the Children’s Estranged Father?

If our Grandchildren’s mother, who is our daughter, is using cocaine or other illegal drugs, is there any way we can get temporary custody of the 2 minor children? Their father is out of state, and is court ordered to not have any visitation. We do not want to notify Department of Children and Family Services because of the power they have in placing the children. We are prepared to get our daughter into a rehab program if she will accept it and are prepared to take temporary custody of the children. Is it child abuse if a parent or guardian is using illegal drugs in the home while the children are in the home? Should we hire an attorney to have temporary custody assigned to us, the grandparents, and do we have to notify their father? Read More …

My Child’s Father and I Signed a Notarized Agreement Concerning Custody and Child Support, Is it Admissible in Court?

Her biological father has not been in her life in any way shape or form, and he and I have never been married or lived together. He and I came to an agreement regarding custody, visitation, payments, etc., had it notarized and we signed it. Now that child support has been ordered, he’s trying to go against our agreement. How much right do I have with this notarized document? Read More …

How to Regain Custody of a Child After Giving Temporary Guardianship to the Biological Father

About seven years ago my fiance was being evicted from her home. With her daughter’s best interests in mind she signed over temporary guardianship to the child’s father with the understanding that the child would be returned to her once she got back on her feet. When she attempted to retrieve her daughter the father refused to give her back. Now her daughter is twelve and is old enough to make her own decision, however her father has made it clear that if she leaves him he will never forgive her. She desperately wants to live with her mother, but is terrified of her father. So my question is this: Is there anything that my fiance can do to obtain her daughter without forcing the girl to choose between them. Read More …

What Rights does my Child’s Biological Father have if his Name isn’t on her Birth Certificate and my Ex Husband is?

Recently, my daughter has been told the truth about her real dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a dad does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. Read More …

If a Parent Terminates Rights to One Child, Does that Also Apply to the Other Remaining Children?

I live in Texas. CPS recently placed my nephew in my mothers custody. His mother signed away her rights and now my nephew is ward of the state. My nephew’s brother as lived with my mom since he was born. He is now 8 years old. If CPS made her sign her rights away what happens to the siblings??? She also has another son that lives with her aunt, they have had him since he was born and he is now 10. Does she still have rights to her other two boys? Read More …