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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My son and s wife are seperating. He has a 5 year old son

Customer Question

My son and his wife are seperating. He has a 5 year old son whos birth mother died when he was 3 weeks old. My son and Ethan lived with me for the first 1 1/2 of Ethans life. He met his wife and moved in with her. She has been Ethan's mother for 4 years. The only mother he has ever known. My son would never let her adopt Ethan because he would lose the $650/month he recieves in SS for Ethan. My son took Ethan out of the only home he knows and away from the only mother he knows to live with him and his new girlfriend. Does Melissa have any rights to Ethan? I should note that Ethan is in school all day and Josh works second shift so basically would never see Ethan during the week and he drinks all weekend so Ethans care would be left up to this new girlfriend whom Ethan has seen a couple times. Please advise on what to do
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, Melissa in this case does not have rights to the child because she was never a legal guardian or legal parent. Having said that, because the wife is so involved with the child, she can attempt to file for guardianship and claim that it is 'in the best interest of the child' precisely because the child was raised with her and by her, and the denial to her now affects the child most of all. But having said that, the courts defer in most respects to biological and legal parents unless those parents are 'unfit'. Therefore she can file, but it would be a case where your son would be favored by the courts.


Dimitry, Esq.

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