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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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can I get full custody of my step son if the mother is no where

Customer Question

can I get full custody of my step son if the mother is no where to be found?Ihave raisd him since he was born litterely born..she left the hospital 4 hours after giving birth giving him to my husband and I and I now wanta divorce but do not want to lose my son...he is 2 years old
Submitted: 7 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 7 years ago.

If there is a biological father in the picture, a step-parent cannot have full custody. The Court may grant you visitation rights, but will not grant full custody. The case would have been different had you adopted him, then you would have been considered his mother for all intents and purposes and would have had the legal right to fight for full custody. However, that is not the case here. Please do not hold the state of the law against me.

 

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ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

 

Customer: replied 7 years ago.
HI I had not seen your response until today as I have been very busy...any how, I am actually asking you about this adoption thing you speak of. I picked up the papers at the court house for them to be done, the mother needs to sign of her rights which she will gladly do since she did this for me any way. But she lives in Virginia and I in wisconsin. is she able to sign off her rights in Vriginia or does she have to come back here to Wisconsin to do this and then wouldn't it just be better for me to do the advertisement thning I have heard of in the local news paper? My husband is agreable to me adopting him right now so this is more of what I would like to know now.....I do not need an attorney to do the adoption since I have the cooperation of the mother I have found out from the local court as well.
Customer: replied 7 years ago.
also need to know if custody can be granted instead of adoption if the biological father is mentally ill?? and there is documentation to this.................
Expert:  Andrea, Esq. replied 7 years ago.

If you want to adopt the child you would need the consent of the mother in the form of an Affidavit of Voluntary Relinquiahment of Parental Rights and file that along with the Petitionfor Adoption.

 

The mother can sign the Affidavit and have her signature notarized where she lives and send it to you in Wisconsin and you attach her Affidavit to the Petition for Adoption.

 

_________________________________________________

 

Please press "ACCEPT" so that I may receive credit for assisting you

 

BONUS is always appreciated

 

That is the only way I get paid

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

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