How would I be able to get custody?

Question

If my husband's name is not on my stepsons birth certificate...would I be able to file for emergency custody in my name so that I can enroll him in school? He has not seen his biological mother in three years and there is no father listed on the BC?

Answer 1

Your husband will have to do whatever needs to be done, you probably cant do anything. He wont be able to do anything til he is established as the father. He needs to get that done right away. If he has no legal ties to the child, he could be  taken away, even after 3 years.

If CPS has put him in your husbands custody on the basis that he is the father then no the mom cant just take him. Also you should have paperwork from CPS showing that he is placed in your husbands home. Your husband may have to be the one to register him. But he needs to get it legal, as in on the birth certificate and possibly a paternity test. If all else fails, call the school, and tell them about your situation. They may be able to tell you where to go to get temporary custody papers.

Answer 2

you most definately need to talk to a lawyer about this. the courts should have taken care of it when the mother left the boy behind in the first place. most likely what will happen is that you'll have to petition the courts, they'll order a DNA test, probably a search for the mother, and then either change the BC or grant custody to either of you. it might be too late to get him into school on time. have you thought about what you might do if you can't get this resolved by then? you could talked to the school board about an extenstion of the deadling. and there's also homeschooling for just this first year so he's not behind. alot of schools help out with this especially with special circumstances.