Custody issues?

Question

Is it possile has anyone out ther come across this problem. A couple divorced. There r 2 children involved. The oldest (8yrs) is not the actual son of the man but he has raised him as his own since he was 2. The woman wants full custody of their youngest child. The man wants full custody as well. Place he wants the 8 yr old as well. The woman has refused the man even the right to see the oldest child now because he is not his son biologically. Is there any way the man can get a Judge to grant him visitation to the oldest son. Even though the son actually is not his.

My boyfriend is currently going through this.

Answer 1

Wow what a horrible woman the woman must be to have a man that is willing to be the "DAD" to her oldest child and not realize that its in the childs best interest to continue that relationship.. .

Now it is going to be a tuff battle.. because he isnt his biological son.. and he obviously never adopted him...I have heard of cases that the father was considered the "presumed" father because he was the only father the child has ever known and it was in the best interest of the child to continue this relationship.. so it has happened although i believe it to be rare.. he should talk to a lawyer for sure.. and id bring any proof of documentation where he's been listed as the father , school records, medical records, ect.. as this is a common practice to list the step father as the "father" on those types of papers in these situations.. things especially that his mother filled out to prove that she consented to have him listed as "Father" id tell the judge if he's not awarded custody that he is willing to pay child support on both children just as if the child was his own if granted visitations with this child.. (will look better on him).. but i think if ur bf can come up with as much documentation as he possibly can where he was listed as father it will prove that she considered him father.. and also id see about getting a child addilitem involved (basically a social worker that could give a biased oppinion on whats best for the children.. they'd view his household, her household, and be able to see how the children feel about him.. )..

But tell ur bf not to give up no matter what, even if she wins.. not to ever stop communications with the 8 yr old.. to do whatever it takes to keep communications going, he will one day be old enough to make his own choices.. and if he keeps the lines open he'll come to him once his mom cant control what he does.. so tell him to do all it takes.. send letters, cards, whatever he can to keep the communications going..

Answer 2

Unless he is on the birth certificate he has no legal rights to see the child. So a judge does not have to do anything. I don't think that he could get custody of the 8 year old but he does have a chance of visitations especially if he gets custody of his biological child. A judge would want to keep the siblings in contact.

Answer 3

His probabilities of being named the conventional custodian at the instant are not stable interior the shared custody if all what you assert is genuine. He may well be searching for shared custody because of the fact he's making plans on inquiring for toddler help from you. It looks such as you are the bread winner and he may well be after portion of you funds. If he gets a job then he much less to argue with to get toddler help. in case you will get evidence that he's bodily able to working and only faking the harm or disability your attorney could make particular the choose is acquainted with that. Push for the finished custody and the another weekend.

Answer 4

I do not have specific knowledge of this kinda thing, but after tons of research for our own custody issue, I figure if grandparents can get visitation rights, certainly a man who has raised a child should be able to! Perhaps not primary custody, but ample visitation!
Being a mom of 2 boys, whose fathers wouldn't know them after 14 & 21 years, I really wish these selfish mothers would just be happy for their children when there is a caring, interested father/father-figure who wants to be involved in child's life!

Answer 5

Tha man will definitely get access to his biological child(the younger one). However, if the woman is not the mother of the older child, the man can go to court and proof that he has been a father to the child and get the court to grant him access rights.

Answer 6

NOT LEGALLY, NOW IF HAD ADOPTED THE CHILD HE COULD GET VISITATION RIGHTS, BUT SINCE HE'S NOT THE BIOLOGICAL FATHER THERE'S NOT MUCH HE CAN DO. NOW WHEN THEY GO TO COURT ABOUT THE DIVORCE HE CAN ASK THE JUDGE TO MEDIATE THE SITUATION AND THEY WILL ASSIGN ANOTHER PERSON TO HANDLE THE CASE. I PERSONALLY THINK THAT SHE IS WRONG SHE SOUNDS BITTER AND IS USING THE CHILDREN AS PAWNS SHE REALLY NEEDS TO BE CAREFUL BECAUSE IT MIGHT BACKFIRE ON HER.SOMETIMES THE JUDGE WILL GET INVOLVED IN CASES WHERE HE SEES ONE PARENT BEING UNFAIR TO THE OTHER HE NEEDS TO TALK TO HIS ATTORNEY ABOUT THE SITUATION AND EVEN IF HE'S NOT THE FATHER BIOLOGICALLY HE WAS THERE WHEN THE DEAD BEAT SPERM DONOR WASN'T. SHE WILL REGRET HER DECISION IN THE LONG RUN.

Answer 7

Yes!! If he was there and has raised him as his own, he will have visitation rights. How would you feel if some1 was keeping you away from some1 that raised you and loved you?? A father is one that raises and is there for your child threw thick n thin no matter if he is his biological father or not. A father is not a signed check.

Answer 8

No, if he didn't adopt the kids, he doesn't have the right. But he can go to court and try, if he can find a lawyer who wants to take his money for a waste of time.

Answer 9

If he can prove that he has acted as the child's father since he was a baby and the boy considers him as his father.

Talk to your lawyer.

Answer 10

No, he is out of luck, since he is not the natural father, but with time the son will come to him. Best of Luck!