What could I do in this fight for child custody? 5 Answers as of August 19, 2015

I have a son and his father is unknown my boyfriend has been with my son and I since his birth but is not on the birth certificate. He has helped me raise him. I recently caught a theft case while being on felony probation for a prior theft and now am looking at jail time. Meanwhile I want my son to stay with my sister who is a good Christian family and already has other adoptive children that she cares for. I want to allow my boyfriend to stay in contact by weekends if he wishes, except my boyfriend and his family are threatening to go to court and take guardianship/custody and try to fight me and my sister. Can they do that?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Williams Family Law Practice | Lisa Williams-McCallum
Your boyfriend and his parents have no legal claim to your child if he is not the father. You should have a guardianship agreement drawn up between yourself and your sister. Consult with an attorney.
Answer Applies to: Kansas
Replied: 8/19/2015
Diane l. Berger | Diane L. Berger
You need to get a guardianship for your sister. A boyfriend should not have any rights over a blood relative.
Answer Applies to: Nebraska
Replied: 8/19/2015
Walpole Law | Robert J. Walpole
Invariably I have answered the question "Can they do that?" hundreds of times about a variety of situations. My answer is always this: People do what they want to do. The real question is whether in your case the boyfriend will be successful. There are too many possibilities to say for sure whether he would prevail. For instance, he might allege he is the biological father and, if you are in prison, it may be difficult to avoid that allegation. So, I do know one thing: You will be at a disadvantage if you do not hire a lawyer and do something before you are sent to prison. Good luck.
Answer Applies to: Oklahoma
Replied: 8/19/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
If he is not the father, then neither he nor his family have any standing to do anything. This is your child and you can do what you feel is right as far as placing him with your sister.
Answer Applies to: Florida
Replied: 8/19/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Anyone can so, the question is whether or not they can win. In the case you outline before your boyfriend would have any legal right to your son he would have to establish "standing" by being either the adaptive or biological parent. Is that does not appear to be the case I would suspect you will lose in your plans to place your son in the temporary custody of your sister should be attainable. I would suggest that you see an attorney regarding the arrangements and to make it all legal, including how your release from jail or prison will be treated.
Answer Applies to: Michigan
Replied: 8/19/2015
Click to View More Answers: