Father in Prison, can a step-parent seek custody while father is incarcerated?

frrngtn5 · #1 05-24-2007, 01:33 PM

My husband is in prison and my step daughter is living with her mother and significant other. We recently found out that they have been selling drugs out of the home for the past few years. Not sure if they still are or not. The b/f was just arrested for simple assult and possesion of meth. My husband is wanting me to start going after custody of his daughter. I would love to but I don't think I have rights to do this. Help any one?

Lexi74 · #2 05-24-2007, 02:06 PM

If the laws are the same in your state as in NY, you most certainly can! I did this very thing and got custody of my step-daughter. Contact an attorney that specializes in family law and try to do as much of the court paperwork as you can by yourself to save on some money. Best of luck!

Lexi74

frrngtn5 · #3 05-24-2007, 05:55 PM

Lexi74,

Thank you for the inspiration. I live in Iowa and so does my step-daughter. Did you need a durable power of attorney for this? I have a couple names of family law attorneys that were refered to me so I will give them a call in the morning.

Lexi74 · #4 05-25-2007, 07:20 PM

No, I needed only to go and file with the family court - I did most of the paperwork first. There were a couple of issues happening simultaneously, so she had a law guardian already, but your step-daughter will be assigned one if she hasn't got one already. That is when you should get a lawyer for yourself. How old is your step-daughter? Do you have other children? Does she want to come to live with you? PM me if you'd like...

Lexi

LongHaul · #5 05-25-2007, 07:33 PM

You need a lawyer to do this. You can really mess it up if you go in to court ill advised. Save up for a lawyer - do it right the first time.

Remember that unless it is PROVEN in a court of law - or they have admitted it personally to you that they are selling drugs, its just inadmissible hearsay on your part.

Lexi74 · #6 05-26-2007, 09:25 PM

I wouldn't use the drug angle at all - that is why I ask how old the child is and if she wants to come live with you. That is all you need! Site "less than desirable" conditions or something (whatever the attorney advises).

frrngtn5 · #7 05-27-2007, 04:04 AM

She has stated taht my home is the only place that she feels like home at. When she does come to visit, its like pulling teeth to get her to head home, or any where elese for that matter. She is turning 11 this summer and very well "coached" in saying what needs to be said not to get her mom upset with her. This was even stated in child protection investigation report. It is very difficult to send her home when she is not wanting to go.

I am in the gathering information stage. I just pray that God watches over her when she is not in my care. She is involved in a very scary world and can be a bit too trusting.

Lexi74 · #8 05-27-2007, 05:35 AM

If there is a CPS report - check to see if she has a law guardian - in my situtation there was a CPS report and there was an appointed law guardian. The law guardian will be a great source of help to you.

Let me know if you need anything else - you can always PM me, ok?

GOd always watches the children... don't worry He will be right there with her!

Hugs.

Lexi