Family Law Questions? Ask a Family Lawyer Online.
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The mother of the child is my boyfriend daughter. The baby lives with her grandfather and myself because the mother is homeless. She has given her father a letter saying he has all rights and responsibility and medical to her father the letter was written on Feb 11,2011 and was signed infront of a notary on the11 of feb,2011
Thank you for the additional information. I still need a bit more information...
The document the mother gave to your boyfriend, is it nothing more than a "letter"? It is NOT from the courts?
Where is the biological father? Do you know his wishes?
Is the child with you and the boyfriend now? If so, how long has she been with you?
Do you and the boyfriend have any plans to marry? If so, when?
we have no idea where the real father is because she don;t know who it is Yes she has lived with us since she was two months old Yes we do with in the next six months have to make sure we have enough to support us and the baby which we do know
There are two ways to have legal custody of the child, either through a guardianship or through an adoption.
A guardianship is fairly easily accomplished. You could draft up the paperwork (it would certainly be easier through an attorney), have her sign off on it and then file it with the court. It could be accomplished as quickly as a week or two.
An adoption is more complex. The mother would need to have her parental rights terminated by the court system. This requires a petition for termination of parental rights and necessitates an attempt to locate the biological father or an affidavit that the father is unknown. Additionally, it requires a petition for adoption to be filed by you and your boyfriend. This would certainly be easier with an attorney.
The guardianship is quicker and cheaper while the adoption is permanent and more effective. Choose whichever method suits your needs.
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