Legal Question in Family Law in Missouri
Voluntary exchange of child custody
I need some quick, much needed advice. My husband & I have had physical, but not legal custody of his 8 year old son since he was a baby. Until today she would never actually sign over custody because she's worried how it will make her look. We have been paying her child support the whole time to keep her happy. She is not involved in his life, but we do all get along amazingly well. We have always been worried because we have no court order for custody. Today she said she had a revolation, and decided she wants to sign over custody NOW!(not adoption) She wants to keep it out of court and just sign papers and ''be done with it''. Is this possible in Missouri, and if so, how do we do it quickly? If we wait I'm afraid she may change her mind. I know we should've made this legal years ago, but it just didn't seem necessary until recently(ps-they were never married).
Thank you
1 Answer from Attorneys
Re: Voluntary exchange of child custody
They were never married? What makes your husband the "legal" father of this child? It is likely that he is not the "legal" father and will need to file a Paternity suit to establish paternity, during which the issue of custody can also be determined. Why would you pay the child's mother "child support" under these circumstances?
What would happen to this child if his mother dies before you finally get around to making things legal? Your husband should get himself to an attorney today and do whatever he can to make things right as soon as possible. It is absolutely unbelievable that he has allowed this situation to exist at all.
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