I have a friend in a certain situation,
Her father is really mean to her, and doesn't really want her in his house, I am not exaggerating, when I say that every night he makes her cry every night.
Recently he told her that noone loved her.
Now on to the legal aspect of this, I do not believe that the father has legal custody of her as when she was born the mother was married to another man, and the father was sleeping around. And on the birth certificate I believe that the mother's husband is the other legal guardian.
She wishes to move out and move in with her aunt who is willing to take custody of her.
Her mother is in jail, and her husband has essentially disowned her when he found out he wasn't the father.
I do not believe the biological father ever went to court to take custody of her.
As I said I do not believe that he has custody of her, and she wishes to move in with her aunt as this is extremely emotionally taxing on her. Please advise the legal side of this.
2 Answers from Attorneys
It depends on the age of the girl wanting to live with her aunt.
Assuming the girl is a minor the Aunt should file a Petiton for Guardianship with the Court in order to obtain permission to file a Paternity action against the biological father. The child should immediately move in with the Aunt as soon as the Court approves the move to the Aunt's house. Then once the Paternity action is ongoing support on a temporary basis could be obtained from the biological Father until custody could be determined on a more permanent basis.
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