possible custody battle? advice needed!!

iVillage Member
Registered: 06-07-2005
possible custody battle? advice needed!!
Sat, 04-23-2011 - 8:42am

I told my SIL that i'd ask the knowledgable folks on here for advice on her issue.

you see, she has a 3-yo girl who is currently staying with her ex-husband. SIL is staying with us for now and goes to work every day. Her ex-husband is not the biological father of her daughter, but had signed the birth certificate because they were married when she was born. They since broke up and now SIL is basically being kept in the dark about her daughter. She's seriously considering taking her daughter away from him because she feels that she has to beg in order to hear of her daughter, he's constantly got friends over, many of which SIL has questions about. she's at her wit's end about this, and we've already figuired out pretty much every angle of the scenario of if her daghter were to stay with us. (you see, DH stays home all day with our 2-yo daughter. plus he's a great daddy.) SIL is slightly worried about her daughter growing up without a father, when i suggested that DH watch her. he may not be a father figuire, as he's just her uncle, but at least he's a male figuire.

So, the main point of this post is to ask; what legal reprocussions would there be if SIL decides to take full custody of her daughter, whereas her "daddy" is

enter siggy here

iVillage Member
Registered: 05-24-1999
Sat, 04-23-2011 - 6:27pm

Your SIL needs to consult a family law attorney. The SIL should get a legal separation (through the courts) that will set up the visitation schedule. I have no idea about the father issue, in some states, if the father has acted as the father and has signed the birth certificate he is considered to be the father, regardless of what the DNA says.

She needs to get a lawyer and make sure her parental rights are protected. If she can't afford one, most communities have a legal aid dept. She shouldn't delay. She needs to document every conversation she has with her estranged spouse.

Good luck to your SIL.

Cathie, mom to Audrey & Emily 12 yrs, Libby 2 yrs
iVillage Member
Registered: 11-16-2007
Mon, 04-25-2011 - 8:05am
I unfortunately have no advice other than to see if you get can some legal advice. Sorry and good luck

December Gumdrop 

iVillage Member
Registered: 01-15-2007
Mon, 05-09-2011 - 11:54pm

She needs an attorney NOW!