stepfather was stay at home dad and raised her from birth to 4 years old at the mothers request then the mom got hot pants for another guy and left to live with him and left the little girl for a year with stepfather and only took her because he claimed he on income tax and she couldn't the child is 6 years old now and wants to live with her stepfather
2007-06-08 18:51:48 · 9 answers · asked by sweetums 2 in Politics & Government ➔ Law & Ethics
Generally speaking, stepfather has zero rights to custody vs. mom.
But if wants to give it a shot, he needs to see a lawyer and file for guardianship. He will probably need to prove mom unfit and having "hot pants" will not be enough. Also--where is bio dad? I would expect plenty of blood relatives to pour out the woodwork before stepdad is given custody.
2007-06-08 18:56:53 · answer #1 · answered by raichasays 7 · 1⤊ 1⤋
He will never get custody unless the biological mother agrees. Generally speaking step-fathers have no rights nor obligations towards stepchildren. Only by adoption he could have got all the same rights of a biological father; now it's too late.
But he can get visitation rights; most courts recognize a father-daughter(son) relationship in circumstances like this and allow visitation rights if they thinks is in the best interest of the child; BUT again, he will never get the custody. Even if the mother die, the custody will go to a blood related family member.
Sorry if you don't like the answer but that's the law. There's nothing you can do about it unless you change the law. So get used to the idea; grow up and move on.
2007-06-08 19:10:44 · answer #2 · answered by ? 7 · 0⤊ 1⤋
Yes but if you can show that you provided a majority of the care for the child, you may have a chance. Consult a lawyer. You apparently cared for this child as the primary caretaker for 5 years... even for a year when you and mom weren't together. I can't say for sure you would get custody, but there is a chance. It sounds like it would be in the best interests of the child.
2007-06-09 07:06:47 · answer #3 · answered by bendypants 3 · 0⤊ 0⤋
How magnificent that your son's step father loves him and desires to work out him. however the area approximately him harrassing you will advance pink flags for me. to respond to your question, particular, a stepfather could be allowed visitation rights IF he has been a father to the youngster and has been an area of the youngster's life for an substantial form of years.
2016-11-09 21:27:17 · answer #4 · answered by ? 4 · 0⤊ 0⤋
No judge that I know of will give a stepfather custody of a child that both parents know isn't his. but he could fight for court ordered visitation and state that it is in the best interest of the child to see the only father that she has known.
2007-06-08 18:59:26 · answer #5 · answered by Steven C 7 · 0⤊ 1⤋
Get a good lawyer so you can petition the court. Visitation is rare for step parents. Hopefully you will have a sympathetic judge.
Obviously her Mom is a tramp and doesn't care about her child.
2007-06-08 18:59:00 · answer #6 · answered by ne11 5 · 1⤊ 1⤋
a step father is not related to child, but the court and parent out of the goodness of their hearts might allow visits ask to do so do not try and force it.
2007-06-08 18:58:31 · answer #7 · answered by ? 7 · 0⤊ 1⤋
A divorced step parent is no relationship legally and has no legal standing in court. There may be some states, but I don't know of any.
2007-06-08 18:54:49 · answer #8 · answered by cantcu 7 · 1⤊ 1⤋
http://members.aol.com/nlrg1/step2.htm - Check this link. :)
2007-06-11 21:31:36 · answer #9 · answered by Amanda S 1 · 0⤊ 0⤋