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This is going to sound a little out there...My ex husband is…

Hi this is going...

Hi this is going to sound a little out there...My ex husband is threatening to get parental rights for my nephew who is legally my brother (my mother legally adopted my nephew) he is 5 years old. My ex has been in *** life and acted as a “father” figure. We have slowed down on his visitation due to some concerns and *** saying he doesn’t want to visit with my ex. My ex is now threatening to take custody and demand visitation rights because in his “mind” he is ***  father. He would spend about 4 days per month with*** doing “guy” things like going to monster truck shows. He believes that I have custody of *** and I do not so he said that he spoke with a lawyer who told him that my mom and I would have to pay his legal fees and that my mom would have to give him parental rights. Can this actually happen ?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Other than divorce I have no legal rights to ***.

Lawyer's Assistant: Family law varies by state. What state are you in?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is saying that the judge will finalize the divorce and grant parental rights to him ... but I’m not *** parent.

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Answered in 2 hours by:
3/23/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,906
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. Does the Judge know and realize that *** is not your child?

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Customer reply replied 5 months ago
No I do not believe so. The ex just said he spoke to a lawyer that assured him he has a case and would share parental rights with me even though I have no rights.
Thank you for the reply. I have a feeling your ex failed to explain the situation as a whole to the attorney. I say this because unless you have custody over the child , you would not be a party to or involved with custody. He would need to go after your mother since the child is hers and even though he may have spent time with the child the child is not legally yours nor do you have custody. While step parents are sometimes awarded visitations, that relationship does not appear to exist since you are not a parent to the child.
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Customer reply replied 5 months ago
Ok this makes sense to me. I am a major part of the child’s life but have no legal custody. My mom is the one. He just kept saying that he is going to raise the child with me and that he has rights to visitation and that the attorney agreed.

Well, that will be up to the Judge to decide and if he addresses this with you, you would have a basis to ask that it be dismissed since you have no custody of the child and it is your mother, who he needs to go after.

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Customer reply replied 5 months ago
Wouldn’t an attorney see that before pushing it? Considering I filed for divorce w/o children and it’s public record that the child was adopted by my mom ?
they would which is odd so I am curious as to what he told his attorney
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He may be lying to the attorney or not have explained the situation nor do you know if he is telling the truth about having an attorney.
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Customer reply replied 5 months ago
it’s so odd and I am disturbed by the entire thing. I imagine if he does have an attorney some legal research will be done prior to this being pushed to a judge ?
of course and they will speak with him in detail to learn and know the relation of the child and you and should discover it is not your child.
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Customer reply replied 5 months ago
if he truly believes I have legal custody and tells the attorney that — they will be able to discover that it’s not true or is that when I step in ? And one last question should I seek official legal counsel as a precaution?
I think you should certainly be represented by legal counsel throughout this entire proceeding. If you know he has an attorney now you can reach out to them and advise about the child and how he is not yours and you are unsure what his client is telling him but that he should be goin after your mother who has legal custody.
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Customer reply replied 5 months ago
Does he have a case against my mother considering that he is technically the child’s ex brother in law ?

I do not think he does, since he was never a step parent. Yes, he may have spent time with the child while you were married but it does not allow him to have custody.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,906
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Customer reply replied 5 months ago
Thank you

My pleasure.

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