Legal Question in Family Law in Nebraska

Awarding custody to a non-biological father

My fiance' has a 5yr old son and has cared for his half brother since the age of 2 mos (now 8yrs old). He is the only father the boy has ever known. His biological father has never seen him and has only paid $50 in child support in his 8 yrs. My fiance' pays $300/mo child support for his son and both of the boys stay with us 5-6 days each week. When they are with their mother she often leaves them in the care of their maternal grandparents and does not take them to school. When they were together, their mother has assulted my finace' on several occasions and infront of the children. Is there anyway my fiance could get custody of both boys? Their mother has already advised us if we try to get custody of his biological son, we will never see the other boy again. We are the only people that have always been there for him and we cannot risk losing him.


Asked on 5/04/00, 4:26 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Awarding custody to a non-biological father

Obtaining a custody order for a child by a non parent is very difficult. You must show that mother is unfit, and then show that the non parent having custody will be in the best interests of the child. That is a very difficult task.

The costs for attorney fees and an expert witness will be substantial. The Attorney fees alone could easily exceed $50,000.00. The cost of hiring an expert witness would be an additional cost.

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Answered on 7/01/00, 1:38 am


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