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Another post made me curious

Posted by on Aug. 1, 2014 at 11:19 PM
  • 4 Replies
On reading another post about a bm passing away who gets custody ... What happens in a case where the bf has no visitation i guess rights either) due to an active permanent full restraining order .. Would the child stay with Step dad or have go to another relative ???
Is the bm wishes in writing enough to hold up in court in Regard to placement if said child ???
by on Aug. 1, 2014 at 11:19 PM
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by Ruby Member on Aug. 2, 2014 at 2:29 AM
That's a good question and one to be asked to an attorney.

Every case is different. If there is a PO but dad still has rights (or mom). Rights have not been terminated - then who knows what happens. I can't understand why they would have a permanent PO but not terminate rights. I've had temp POs but legal rights were not terminated because the intent was the PO was only temp for a 'cool down' period and while some requirements of the court where being fulfilled. Like anger management and counseling. If there is no chance that the PO would ever be lifted - then I can't see why the courts would not terminate rights.

With that said - there are some states that do allow custodial stepparents to keep the kids in the event of a parents death. My state is not one of them but there are several out there. It's just going to be up to the judge.
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by Member on Aug. 2, 2014 at 2:37 AM
I worry about that with my son's so. Her daughter's bf has no rights, as far as I know and she and my son have 1 child together. They have been together 5 years and she is still legally married to older daughter's bf. She really needs to get something in writing, the bf tried to strangle the older daughter when she was about 3 mos. old, she is 7 now and considers my son her "daddy".
by on Aug. 2, 2014 at 3:08 AM

I have a po against my ex from the state of GA with no expiration on it the judge issued it a as permanent order because I had moved out of state and my ex was military, and had pulled a gun on me plus alcohol and years of abuse. I really liked my judge, in my will it is written that said ex is disinherited and that my brother gets custody of any children I may have. There was the possibility I was pregnant when my will was written so if anything happened I wanted to be sure things were settled. It's still the same even a few years later. 

by Bronze Member on Aug. 2, 2014 at 8:06 AM
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Our BM has no parental rights. When DH was given custody, I was made legal guardian at the same time. At one point, DH was seriously injured at work. (He has since fully recovered.) While he was in the hospital I had contacted our lawyer with the same question. The answer was that she could petition thet courts and very possibly regain custody. The chances were 50/50. If she could prove to a judge that she was reformed enough to care for the kids, the judge very well could give her custody even though her rights had been terminated. 

It's really up to the judge. 

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