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Custody issues WI / Ohio

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  • Custody issues WI / Ohio

    I have 2 sons and 2 dads. I was never married to either father. I live in Wisconsin and the father lives in Ohio. My 2 1/2 yr old son has seen his father once when he was 9 months old. The father will not sign a paper giving my full physical custody. Yet he said he would terminated his rights without a problem. There has been nothing done in the courts except child support issues.

    Last week I was told I have breast cancer. I am worried for my sons but the youngest the most. Can the father take him away from his "family" when I am gone? Yet the dad has never been part of his life. My oldest son's dad said he would raise both boys. Would he get the chance to raise both since he has been "dad" in my son's life since day one?

    I have been losing sleep over this for awhile. Please help. Thank you

  • #2
    First I'll say that I am sorry for your diagnosis but please remember that a diagnosis is not a death sentence. You use the phrase "when I am gone". Please know there are many more people than you think that have beaten this diagnosis and you have to believe that you will be one of them.

    Now to the question you have asked. It is possible / probable that if you were to pass without making certain arrangements that the child would be returned to his father. The fact that he is willing to sign over his rights but only in the case of adoption gives you your best option.

    I think by saying this, in his own way he is looking out for your son. He doesn't want the child to chance becoming a ward of the state while everything gets straightened out (if you have nothing in place) in case this "worst case scenario" happens.

    The father of your older child, if as you say, has been the child's father figure, would need to file to be the adoptive father of the youngest child. Otherwise, as far as I can see in the Wisconsin Statues, he can only seek visitation. I didn't see anything in there for non-parent custody. Here is a link for the Wisconsin Statutes:

    You may be able to find something I didn't. Honestly though, I think he should petition to adopt. If the natural father hasn't been in the child's life or acted as a parent, he may have a case even if the natural father decides to challenge it. I did find that single persons may petition to adopt and since he is the father of this child's brother, that makes his case better as keeping siblings together can be a deciding factor in whether to approve an adoption over the objections of a absent parent.(intact family whether or not the two adults are married).

    Good Luck.
    Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.