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Legal options round being the gardian of a family members ch
My partner and I are from Auckland, New Zealand. My partners sister gave her son who at the time was 5 mnths (so she had only had him for 5 mnths) when she gave him to us to take care of. (we are a same sex couple) We hvae now been taking care of him for 1 whole year now, she signed a letter stating my partner is now the gardian of her son and we have been providing for him for a whole year. Our question is, as we have nothing legal stating he is my partners, we are scared she could take him back at any time. We realise if we wanted to do any legal adoption we we need to have her permission but does anyone know if we have any legal rights as his gardian if she were to come back say after 2-3 years and say she wants him back?
Any legal advice on this matter would be great as he is our life and we will fight her all the way if she were to come back
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I'm no expert on the legal system but if I were you I'd keep hold of that letter. If she decides she wants him back then it might help you.
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Laws vary from country to country. Your best bet is to arrange a consultation with a solicitor - preferably one specializing in family law and same same adoptions.
You'll want to find out where you stand legally now, and what you have to do in order to gain the sort of family security that you want. Most consultations are free, so if you feel a particular solicitor doesn't meet your needs - shop around. It's important to find someone you can trust.
Best of luck.
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I think I really would consult an attorney to find out exactly what your rights are. A letter may not even stand up in court. I think I would at the very least try to get legal guardianship through the courts.
Does she see him at all or has she basically abandoned him? That would have some bearing on the situation too.
It would worry me too. I would get hold of an attorney and check for sure. It would certainly put your minds at ease. I don't think you would have a problem getting him right now at all.Though I'm not an attorney I certainly do advise you talk to one....or maybe a senior law student at a local college if money is an issue.
There are no restrictions that I know of concerning same sex parents either by the way, I know of a couple of same sex parents who have adopted with no problem. :)
Good luck to you both (and YOUR son) :)
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im not sure about the laws in new zealand but i know in the US they have adoption restrictions on same sex couples. the only way either partner could have custody is if they did not have the other partner. so no legal adoption yet? you might want to try and get that asap so she cant take him back. if she signed a letter saying that your partner is the guardian i dont think she plans to take him back. if you ask her for legal adoption and she does not get permission i would say get a lawyer to help you keep him. good luck <3
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