My boyfriends child is 5. His mom walked out of his life and took the drugs route. She signed over temporary placement to my boyfriend and the child has primarily resided with us for the last 3 years. We let her have visitation but in 2015 July 3 she was high hit a tree going 50 mph and we wouldn't let her take him since.
She states she is currently "clean" she's living with her ex. Her oldest son is residing with his aunt and her other son with us. We'd like permanent guardianship to ensure his safety and Will allow her to have supervised visitations but not take him but we are unsure of the route we need to go. We have temporary placement currently and joint custody
Your boyfriend should go back to family court to seek full and final placement of his child; if he believes the mother poses a threat to the child, he can request restricted and supervised placement; guardianship isn't necessary since he is one of the parents and is entitled to custodial rights to the child.
Your boyfriend should consider moving the family court for an order giving him full placement if mom has been out of the picture for 3 years. Although you didn't make specific mention of it, I assume from your question that you are interested in some form of "guardianship" of the minor child as well. A guardianship isn't necessary or warranted under the current circumstances, you could consider a termination of the biological mother's rights with a step-parent adoption of the child to follow. It doesn't sound like you are quite to that point yet, but if that is what you meant through your question, then you certainly should contact a family law attorney to explore the option available to you. Best of luck
In accordance with the Avvo community, this response does not constitute legal advice nor does it create an attorney-client relationship. You are encouraged to seek counsel in the area of the law pertinent to your question.
You need to engage a local attorney well versed in family law and guardianship. You are mixing several terms in your question. Your boyfriend needs to have court ordered full custody of the child with the mother having only supervised visitation. An advantage to going tghnis route is that you have the power of the court behind you. Additionally, in most states, once a custody order has been issued, a new custody action cannot be filed for a stated period of time, usually two years. This keeps you from going back to court on a monthly basis as the winds change.
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