My sons mother has signed up guardianship of out son twice. What are the odds that I would get custody of out 5 year old son

She tried signing him up for adoption and I fought it in court and she got all of her rights back. The lawyer I was paying did not even get my name put on the birth certificate. I could not afford to keep going on. Now she has signed legal guardianship over to her mom and step-dad. I want to know if a judge would award the father full custody in a situation like this. She still lives with her parents and has another child as well. I have my own place and have been at my place of employement for almost 3 years. My fiance has been at her place of employement for almost 2 years and is currently enrolling in school for her LPN. I just want to find out if it will be worth it to go after her again of if she will get her rights back again and I wont even have visitation.

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Submitted 188 days ago...

tomturkey

Brain (2,862)

Since your not on the birth certicate then you would have to have a parently test taken to prove you are the father. The burden of proof is on you to prove if you are or are not the father. She does have the right to sign giving her consent to let her mother and stepfather to file for legal guardianship. She is also living in the home so she has not abandoned the child. However by law when she signed over her rights to the grandparents she would of had to tell the court who the father was so that you could be notified giving you a chance to have a say in this decition. If that did not happen then she probarly said she did not know who the father was allowing the court to proceed. All states are different in laws so you might want to consult with an attorney and see what can be done. Remember that guardianship is tempory, either parent can file a motion to ask for custody back. This is not something that can happen over nite but it can be done. It can also be costly. You might want to know that if you decide not to pursue this at this time,that down the road if she ever gets the child back she can file for child support and get it. Also if she ever leaves her parents home the grandparents can apply for cash benifits,medical and food stamps as a care giver for the grandchild.As long as the mother is in the home they cannot apply. If this were to ever happen then the state would come after you for child support. So it is really up to you in what you want to do. The state would also prusue the mother as well for child support not just you.

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