MsTrice74

Child Custody-Non Relative

8 posts in this topic

I have been taking care of a 4 year old for the past two years. She is my daughters little sister. Her mom lost total custody a few months ago due to child abuse of another child. She signed over the 4 year old to me with a (Mandate Form). She had a protective order against her (for both kids) that was recently dropped. She has to go to parenting and anger management classes before going to court for custody. I want to fight the custody, but not sure what steps to take. Should I file for Sole custody through the courts?

Share this post


Link to post
Share on other sites

It isn't clear how you are related to this kid. Is this your husband's child? Did a court appoint you/your spouse as guardian of said child? What date is on the form as the expiry date?

Share this post


Link to post
Share on other sites
3 hours ago, MsTrice74 said:

I have been taking care of a 4 year old for the past two years. She is my daughters little sister. Her mom lost total custody a few months ago due to child abuse of another child.

 

I'm really confused here.  The subject header of your post refers to "non-relative," but your "daughter's little sister" is necessarily also your daughter (unless she's a half sister -- same father and different mothers).  Please clarify the relationships here.

 

 

3 hours ago, MsTrice74 said:

I want to fight the custody, but not sure what steps to take. Should I file for Sole custody through the courts?

 

The only thing we can suggest that you "should" do is consult with a local family law attorney.

Share this post


Link to post
Share on other sites

Same father different mothers. I am not with the father and never married the father. The girls are 19 years apart in age. The mother did sign her over to me to keep her from going to foster care. There is an expiration date on the form at the end of this year.

Share this post


Link to post
Share on other sites
On 2/9/2017 at 0:58 PM, MsTrice74 said:

Her mom lost total custody a few months ago due to child abuse of another child. She signed over the 4 year old to me with a (Mandate Form).

 

I should have asked about this earlier.  You wrote that the mother "lost total custody."  What exactly does that mean?  Was the child taken from the mother by child protective services ("CPS")?  Something else?  If I understand it correctly, a "mandate form" is Louisiana's version of a power of attorney ("POA").  If that's correct, while the mother may have given you a POA, she did not "sign over" the child to you, and the POA confers no rights on you.

 

As far as you "fight[ing] for custody," persons who are not parents or even relatives and who have not formed any significant bond with a child are generally not able to obtain any sort of custody.  While you certainly may speak with a local family law attorney about the situation, without any clear details about how the mother lost custody, the whereabouts of the father, and what is happening with the courts and/or CPS, it will be impossible for anyone here to provide you much of anything beyond what I've written here.

Share this post


Link to post
Share on other sites

The mother has two children, 3 and 4 years old. The three year old was removed by CPS, I at the time had the 4 year old with me. The mother was incarcerated for child abuse and had a protective order against her for both children. Once she was released from jail the order still stood. The order was dropped a few weeks ago and she stated that when she went to court that she was told she can't get her kids back until the goes to and completes successfully, anger management and parenting classes; as well as get and keep a job, get a place to stay and show that she can take care of her kids. She also has to go to court to get her kids back. Child protection gave her the forms to sign to give the 4 year old to me or they would have taken the 4 year old as well.

Share this post


Link to post
Share on other sites

So in essence you were given temporary custody of your ex-boyfriend's child with another woman (wife/gf/one night stand?). The mother is going through the process to get the child back but you want to adopt the child? Where is the father? Right now the child isn't even close to being eligible for adoption. The goal of CPS is reunification of the biological/legal family. The child also does have a father, who would get priority.

Share this post


Link to post
Share on other sites

Yes you are correct.. The father is in another state. He is not involved with the child with the exception of a phone call here and there. He's not on the child's birth certificate nor does he have a child support order against him. He actually wants me to keep the child. I do know the goal of CPS, however if the mother is not doing these things to move forward to get the child back and I am supporting this child in everyway I don't see why they would not consider putting the child in a safe and loving environment. Adoption is not what I was looking to do, custody would be my first step. I now have temporary custody.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now