father moving

[rmorlock]

What is the name of your state? Hawaii

Ok, so I really don't know where to begin. Please bear with me because I really do need some advice.

My brother in law, who lives in Hawaii currently is living with his girlfriend and 6 month old daughter. He wants to break up the relationship and he wants my wife and I to take his daughter for awhile (we live in Washington state) while he gets back on his feet.

The reason for the break up is that she has some mental health problems, and verbally abuses her other children.

I told my wife that before we even think about this he has to go and see a lawyer to get the legalities straightened out. He believes that she will just give him custody, but I am still pretty skeptical.

My questions are just, what legal documents or court orders does he need to have to move his daughter to the mainland to live with my wife and I while he still lives in Hawaii? Is it just a custody agreement or more? How does a mother go about giving up custody, and can she ever get custody again?

Thanks

 

[Zephyr]

this is just not gonna happen for so many reasons

 

[CJane]

I agree. And I could list the reasons, but I'm too tired to do-so. Let's start with the sheer idiocy of trying to get custody of a child to then ship the child out of jurisdiction so that the child you have custody of doesn't even live with you...

We'll let Kelly handle the 'legal stranger' portion.

 

[Silverplum]

this is just not gonna happen for so many reasons

Agreed. Seconded. In a loud way.

 

[rmorlock]

wow that was some quick replies.

What is this "legal stranger" thing?

Thanks for the help

 

[Silverplum]

What is this "legal stranger" thing?
Thanks for the help

Golly, according to a 1-second search , I find that a "legal stranger" is someone with no legal rights to the child. As in, anyone who is not Mom or Dad.

 

[TinkerBelleLuvr]

legal stranger - you are NOT the parent of this child.

 

[CJane]

wow that was some quick replies.

What is this "legal stranger" thing?

Thanks for the help

Well, a 'legal stranger' is someone who has no legally protected rights to the child.

Right now, that's everyone except Mom.

If your brother has established paternity (and we don't know if he has) legally, then he has the right to pursue rights, which is not the same as having rights to the child.

YOU, or anyone else not legally deemed a parent will never (barring severe unfitness by both parents and the state designating you guardians pr adoption by you of the child) will NEVER have such rights.

 

[Just Blue]

wow that was some quick replies.

What is this "legal stranger" thing?

Thanks for the help

Legal Stranger is what you LEGALLY are to the child.

We have a troll here named Kelly at FA that likes to jump in on this type of thread and blather on to the OP "you are a legal stranger and have no rights...blah...blah...blah.."...

 

[Silverplum]

Yes, CJane, I forgot that part when I stated "Mom AND Dad." Poster, in an unmarried situation, if Dad has not LEGALLY established paternity according to his state's laws, then HE isn't a parent, either.

Ta-da.

 

[milspecgirl]

if BOTH parents (if dad is legally dad) are willing to sign over guardianship to you, then the child can stay with you. however, guardianship can be revoked at any time. If they would like you to adopt the child, that is possible too, but if dad gets custody, he cannot place the child with anyone else without the permission of the mother in legal form or the court granting him that right.

 

[rmorlock]

awesome, thanks for all your help.

I kind of thought this was a bad idea when my wife suggested it, I just didn't realize how bad of an idea it was.