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Who gets my daughter?

I'm fifty three years old and divorced, my wife and I had a child soon after and almost refused to let me see her because she wanted the man she'd gotten involved with towards the end of our marraige to raise her. Unfortunately she was killed in a car crash little over a week ago.

I only heard through child support when they informed me her husband couldn't take care if her fir the while and I was the only suitable relative for the time being until further notice.

I've only known her for a few hours in her short life, she's almost 16 now but she's desperate to not let her step dad take full custody of her since my wife wrote somewhere in the will she wanted me to look after her.

We met in the 70's and I moved out in the 80's but we didn't have enough money so put off having children until the 90's, it was always a difficult time until then when things finally started picking up and our future finally looked bright.

The right at the last moment, heavily pregnant, she kicks me out of the home we made together.

Aparently he wasn't the nicest bloke ever and was really harsh on my daughter. Since properly getting my know her, I realised how terrible I was to allow my wife to refuse me access to her all these years ago and now suddenly im.her guardian.

By some law, I should be the obvious choice to be her "parent" not just her "guardian".

It came as such a shock when I found out my ex was dead and I feel like such a faliure towards my daughter and for not protecting my wife.

My question was, will they take her away from me when the papers go through and her step dad is deemed suitable. She said he wants to adopt her, but neither of us want that.

Its only been a week, bit we've managed to create a special relationship despite these circumstances, all I want is the best fpr her and to make up the past 15 I missed out of her life.

2 Answers

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  • 8 years ago

    The person above who answered this question is seriously uneducated. In family law, children who are not age of majority will be represented by a children's lawyer who will speak on their behalf. The government will appoint your daughter to a lawyer working in the best of her interests and the interests of the government for child-rearing. If her interests along with her Affidavits (evidence) sworn by her and notarized by her lawyer heavily implies in favor to reside with her biological father, then that is what it shall be. Of course, your home and financial situation will be assessed in consideration for your daughter. For those many years when you ALLOW to not see your daughter is shameful in my opinion. It can go against your favor that may imply you not wanting to associate yourself with your daughter. Generally, you could have motioned the courts to implement a temporary order for parental visitation rights or child custody (shared). If you have shared the custody of your daughter, you would not have to pay for child support but share child expenses between parents. I'm surprised that you have not mentioned at all in your description of these things.

    It will be a longer legal process, but highly recommended that she will fight to live with you and reject her step-father's adoption proposal.

  • Nora
    Lv 6
    8 years ago

    If she wants to live with you, and YOU'RE suitable, then yes. She's old enough to choose.

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