We have lived in our new apt for almost 7 months. They have came and stole from us many times this last time threating the managers son my boyfriend and other male neighbors. Since then other people from the same gang have shot at a family member and at my boyfriend. One of the shots bearly gaze his thigh. He has full legal and physical custody of all 3. She has been deemed to be an unfit parent. What are my options if we do not plan on getting married at least not anytime soon.
If you want to have legal rights, you may want to get married and do a step-parent adoption. For information regarding step-parent adoption click to the following link: http://www.courts.ca.gov/selfhelp-adoption.htm
You may want to speak with an experienced family law attorney in your area regarding this issue. Good luck
Your boyfriend needs a will. The court might still make mom the Guardian, but if someone else is nominated, that person might be chosen.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
The biological Mom has rights that have not been terminated. Moreover, you are not married to the father which would inhibit your ability in any adoption or Guardianship matter. If you are not getting married anytime soon, your rights are extremely limited to a potential Guardianship situation. If you get married and the bio Mom's rights are terminated or relinquished, you may be able to adopt. If you do adopt, do not forget that you may be exposed to pay child support in the event of a dissolution of the marriage.
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