QUESTION
Can a stepparent obtain legal custody over a step child?
Asked on Jul 11th, 2016 on Child Custody - California
More details to this question:
My wife has a son which she shares legal custody with the father but she has all physical custody. The father lives in another state and he rarely sees him nor is he granted much visitation. Can I file to obtain any legal rights over the child or do anything to have him sign over rights? Since he does not see him nor speaks to him, does that fall under abandonment? Is there really anything I can do in this situation?
1 ANSWER
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Absolutely a stepparent, or anyone with a credible bond can obtain some sort of custody and/or visitation of a step child. However, it is usually a very difficult task. The foundation of the case is the best interest of the child. Starting there, at the foundation we have many times obtained stepparent and/or grandparent custodial rights. Just because it is usually difficult is irrelevant.
Answered on Aug 08th, 2016 at 4:37 AM