Legal Question in Family Law in Ohio

my rights as a stepfather

i have been raising derek for 13 yrs his real father has had nothing to do with him at all, by choice of the real father. this summer i agreed to let derek visit his biological father. after 28 days his biologocal father has retained a lawyer to keep him from me and his biological mother whom ive been seperated from for a few yrs but still have been raising said child for that time. i guess what i need to know is what rights do i have to get him back into my home. please tell me what i can do to get my son back his age is 13.


Asked on 7/08/08, 12:23 am

2 Answers from Attorneys

Alicia Santana Torres Santana Torres Law Offices, PL

Re: my rights as a stepfather

The birth mother and father's rights are paramount unless the parental rights have been terminated either due or dependancy or adoption. Since that is not the case here, the only person who can object to the Father's actions is the Mother. Holding the child against his mother's wishes, in another state, is unlawful and could be prosecuted as kidnapping unless he comes up with some compelling reasons why the child is unsafe with his Mother. If the father has retained an attorney I strongly urge you and the Mother do the same. If he files an action in his state, you will have to travel there and present yourself -- again I recommend you have an attorney -- to argue to the judge that the child belongs in your home state and that this is where custody issues should be determined. Good luck.

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Answered on 7/08/08, 10:59 am

Re: my rights as a stepfather

I agree with my colleague above in her analysis. I would add that if you and the birth mother have been separated for a few years, as you state, she might have a tough time in convincing a judge that she has been aggrieved. You did not mention the issue of child support. Was the bio dad sending money but now isn't?

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Answered on 7/08/08, 2:40 pm


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