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Advice needed about custody or visitation.

My long time fiance has a son who is 16 years old. Well his son's mother just died 2 days ago. Now he is wondering what is going to happen to him. He has not seen him in a few years (long story) and is now deeply regretting it. I don't know what to say or do to help him. I would gladly welcome him into our home but i don't know what his son's view on that would be. Does anyone know what we should do?

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Asked by Anonymous at 12:05 PM on Jan. 5, 2009 in Teens (13-17)

Answers (3)
  • First thing to do is contact a lawyer. They will guide you into what you can and cannot do. Even if you do talk to the son and he wants to come live with you, you will still need the lawyer. And, if he doesn't, the state may say he doesn't have a choice and then you will still need the lawyer.

    Answer by DDry at 12:07 PM on Jan. 5, 2009

  • I agree. Contact a lawyer. However, I would be that so long as the custody agreement didn't have the father as unfit for custody, he would get custody. The judge may take the child's opinion into consideration, but only if there is another option of a guardian. The child also may have the option of trying to emancipate himself at that age.

    Answer by Mom1Stepmom1 at 12:27 PM on Jan. 5, 2009

  • usually if there is no will stating where she wanted the child to go the child automatically goes with the next maternal parent which would be him although i don't know if this is true in every state. i often wonder what would happen to my children if i died. i would want my current husband to keep them although if i don't get that in writing or even if i do i can't truly stop them from going with their natural father. he is old enough to decide where he wants to go and the judge will ask him if this goes to court cause someone disputes where the child is headed such as grandparent who want him with them rather then his real dad. ask the son what he wants first.

    Answer by melody77 at 2:41 PM on Jan. 5, 2009

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