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Can my fiance have legal guardianship of my two boys?

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fiestyjewels

Junior Member
undefinedWhat is the name of your state? MO, Franklin County.

I am divorced with two boys from that marriage. I have been living with my fiance for about 5 years now and has been the only father figure that my boys 9 and 12 have had in that time frame. My ex (their father) has had nothing to do with them, even when we lived together. My fiance supports me, my two boys (from the ex) and the son that we (my fiance and I) have together that is now 2. We would like to establish legal guardianship of my fiance to my older two boys that are not his. It would make things easier as far as school, sports and medical, so that I don't have to be the one signing all of the papers and taking them to the doctor etc. We know that adoption is not an option because my ex's family would not allow that and I don't want to have to deal with the legal and financial battle for that. Also, my fiance is getting a divorce from his current wife, in which is a whole nother story in itself, and the courts won't look at the fact that he supports my older two boys due to the fact that we are obviously not married yet in the determination of child support for the daughter they have together. I have only recently received support for my two, which isn't even what I'm supposed to getting and is probably not going to last much longer, until he moves on to another job. They ( his soon to be ex and her attorney) are asking for an exuberant amount of child support, for a child that she has not allowed him to see for the last almost ten years as a matter of fact. They have only credited the child that we have together $100 a month.

Anyway, I need to know if and how he can get legal guardianship of my two older boys. Would I need to have my ex sign any papers or have his permission for this to happen as well? Any help in this matter would be great. thanks...Jewel ;o)
 


stealth2

Under the Radar Member
Oy, what a mess. I believe that your ex would have to consent.

Although you didn't ask, the court will not take into account his supporting your kids because they are not his responsibility. Nor will they take into account his supporting you - you are an adult and are expected to support yourself. He has a responsibility to the child he had first, and then to the one he had with you while still married (good plan, that).

How is it he hasn't seen his daughter in 10 years, yet is still married?
 

Wolflmg

Member
stealth2 said:
Oy, what a mess. I believe that your ex would have to consent.

Although you didn't ask, the court will not take into account his supporting your kids because they are not his responsibility. Nor will they take into account his supporting you - you are an adult and are expected to support yourself. He has a responsibility to the child he had first, and then to the one he had with you while still married (good plan, that).

How is it he hasn't seen his daughter in 10 years, yet is still married?

Yeah that seems like a really long time to be seperated. You would think if 2 or more years have passed and their still seperated that they would have gotten a divorce a long time ago.
 

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