Hello All,

Looking for some advice here because I have been unable to find a similar case through much research. My fiancee divorced last year and a major issue was not addressed in the divorce paperwork. His ex wife and he were awarded custody of her six year old cousin and she and my fiancee became his wards. This occured about 7 months before she left him, taking the child with her. She wants him to relinquish all rights and responsibilities for him as she has since remarried. He has agreed to this as well, because this child's life has been disrupted more than enough already. The reason they aquired custody is that the childs mother died and they could give him the care and love he deserved. I have a couple of questions regarding the legal aspects of this. First, will we need an attorney to make this legal even though both parties are in agreement? And second, as the child is not a blood relative and was never adopted, will she be able to come after us later for CS? I have reason to believe that she will try to do that. I would greatly appreciate some advice, because funds are tight enough right now without paying an attorney.

Hello All,

Looking for some advice here because I have been unable to find a similar case through much research. My fiancee divorced last year and a major issue was not addressed in the divorce paperwork. His ex wife and he were awarded custody of her six year old cousin and she and my fiancee became his wards. This occured about 7 months before she left him, taking the child with her. She wants him to relinquish all rights and responsibilities for him as she has since remarried. He has agreed to this as well, because this child's life has been disrupted more than enough already. The reason they aquired custody is that the childs mother died and they could give him the care and love he deserved. I have a couple of questions regarding the legal aspects of this. First, will we need an attorney to make this legal even though both parties are in agreement? And second, as the child is not a blood relative and was never adopted, will she be able to come after us later for CS? I have reason to believe that she will try to do that. I would greatly appreciate some advice, because funds are tight enough right now without paying an attorney.

He'll be better off by hiring an attorney to make sure that evrything is done correctly. If he can't afford an attorney he should at least get a consult to know exactly what he needs to do.

I was afraid of that, but yes it makes sense. Thankyou for your response :)

Well, we consulted with and attorney and according to him, in Louisiana the only way for someone to give up thier rights to a child (blood related or not) is for someone else to adopt them. However, it has come to our attention that the child falls under South Carolina jurisdiction. Anyone familiar with the laws in that state and have advice?:confused:

is the man she married to willing to adopt? No state will allow a person to give up their rights and responsibilities without someone else to take them

Highly doubtful. I am continuing to research this online and have found that it is possible in certain situations to TPR without someone stepping in but not likely to happen. Don't know what the S.C. law states.

a judge is highly unlikely to leave a child without 2 people legally responsible unless one person is considered a danger to the child in some way. He accepted responsibility for this child and now he must stand by it. This poor child has been though a lot. Having another adult taken out of his life could be detrimental. You don't think her new husband would be willing to adopt? The child is still under the jurisdiction of the court that did the original papers and that is where everything has to be filed until that court willingly gives up jurisdiction

Well, you are right about this child having been through enough. He went from losing his grandmother, 6 weeks later his mom (drug overdose), and about 6 weeks after that, his grandfather. My fiancee wanted nothing more than to be a father to this child and have a family (ex physically couldn't have children) and helped to get custody. He ends up walking in on his best friend and her going at it. Long story short(er) she divorced my fiancee and married his now ex-bestfriend. Apparently they all get along great and my fiancee doesn't want to cause any more complications for this child. Do you know if we can even get the jurisdiction transferred? The morality issue with her causes me to doubt the new husband having the backbone to adopt.

jurisdiction will be held by the originating court until that court agrees to relinquish. normally, that would mean no one who was a party to the original filing is a resident under that court's jurisdiction anymore. They definitely will not give it up if the child is still a resident there. In my case, child and CP haven't lived in the old jurisdiction in 9 years. NCP lives there part of the year and due to that- they will not release jurisdiction. Your chances of getting jurisdiction changed- if the child is still there is zero.
Your fiance needs to file for visitation and excercise it.

Ex-wife, new hubby and child are living two streets away. So there really are no ties to South Carolina anymore if I'm not mistaken. I have suggested to him that we initiate paperwork for visitation, however, he has a point: The only thing that would result from that would be confusion for this child, probably anger from the vindictive Ex, and a dangerous situation for new hubby/adulterer who still works with my fiancee. I know, it's so much drama but it has to get resolved one way or another and with the least amt of impact possible on this child.

as long as everyone involved has lived in LA for more than 6 months, the court in SC should certainly give up jurisdiction. Is your fiance paying CS?

I'm pretty sure he wasn't even aware that he should be paying CS. I know, it's bad. From what he's told me, she doesn't want him to have anything to do with her or her "new family" therefore she hasn't pressed any CS issues. I'm positive the child is being well taken care of even though that has no bearing on CS. The suggestion has been made that they could write something up between the two of them i.e. "We agree to leave each other alone" But that will mean absolutely nothing if she gets divorced down the road and decides she wants to start collecting CS.

exactly right. The only way to guarantee that no CS is going to have to be paid is for him to terminate his rights and the new hubby to adopt. They could try to get an agreed upon court order for no CS/ no visitation, but a judge will most likely not approve it.

I will keep updating until we get a resolution. I do appreciate your advice thus far...:)