Eight years ago the cousin of my boyfriend
the biological mother of my son . Who signed a notarized temporary custody paper giving myself and boyfriend ( her blood relative) temporary custody of my son to act in his best interest for his personal and medical needs. I have been the sole provider for the past 8 years. How would I go about becoming his legal guardian or obtaining legal full custody of my son. I have not seen or heard from the biological parents in 8 years.
The family is now threatening to contact the biological mother to come take my son. Since I don't want to remain in the abusive relationship with my boyfriend.
The factual situation is not as clear or complete as I would like. The boy's parents are his natural guardians unless their parental rights have been terminated by court order. If their rights have not been terminated, they have the right to possession of their son. Without some authority from the mother and/or father, the family has no right to demand possession of the child. They may show up with a power of attorney, called a Declaration of Guardianship, giving them the right to temporary possession of the child. If so, they will have the right to possession of the child on the terms of the Declaration.
If the biological parents' parental rights have been terminated, you could seek a guardianship of the son and perhaps even an adoption. You will need to discuss these issues with an attorney who will need to know all the facts about why you have had the child in your possession for the last 8 years.
You need to see an attorney soon before something happens.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
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