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Answered in 2 minutes by:
4/27/2023
Michael Bradley, Lawyer
Category: Family Law
Satisfied Customers: 11,510
Experience: retired after 25 years
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1 assuming that the children have been with you for more than six months, you would then have standing to file a complaint in custody in county court. At that court, you can make the request for sole custody, since that is what you have had since the children have been with you. If the mother cannot be located, then I would request the court to enter an order giving you sole custody without prejudice to the mother, which basically means that the mother can file something in court at a later time, if they wish.
2 since the agreement was not made a court order, I would still file a complaint for custody, and then I would attach the hand written agreement signed by the mother. That way the court can simply confirm what you have had at this point which is sole custody.
If paternity has not been established, yet, then what the father would do, is either sign an acknowledgment of paternity, and then along with that file for custody, or if he wants a test, which I always recommend, I would file a petition for genetic testing and then once the test come back then file for custody if necessary.
If the grandparents file a custody petition, they can just state that they are the paternal grandparents, and the court does not normally have any kind of request to prove that. Either way, since the child has been with you for that long, even if you were not the biological grandparents, you would have standing to bring a custody complaint, since you would be sitting in loco parentis, which would allow you to file.
Michael Bradley, Lawyer
Category: Family Law
Satisfied Customers: 11,510
Experience: retired after 25 years
VerifiedMichael Bradley and 87 other Family Law Specialists are ready to help you
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