QUESTION
Can I file for custody of a child that is not mine?
Asked on Oct 30th, 2012 on Child Custody - Pennsylvania
More details to this question:
My girlfriend and I just recently broke up, we were together 2 years. Her son was 10 months old when we got together. His biological father has seen him 2 times in the 2 years we were together. The child is about to turn 3, he calls me daddy and I love him and want to legally claim him as mine. Our break up was on good terms and she has agreed that if I can find a way to adopt or get a type of custody of her child she will consent 100% because I am the only father he has know. we have been looking and the only way it seems to do this is if we get married and after a year file for adoption (which we are not sure biological dad will consent to, he does not pay child support, does don’t support him in anyway shape or form. I am the one that pays for all of his clothes all of his food all his diapers, he does not emotionally support him because the child does not even know who he is. We are not even sure we have current information on his where about.) Is there any way to file to get custody of "my" son so that way I will have legal rights to "my" child?
8 ANSWERS
Dennis P. Mikko
No.
Answered on Jun 13th, 2013 at 1:27 AM
Leonard A. Kaanta
No.
Answered on May 21st, 2013 at 1:18 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced custody attorney. You have to prove the parents are unfit.
Answered on Nov 02nd, 2012 at 5:39 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado you can ask for custody if you have been a primary caretaker for at least the past six months. However, you may not succeed unless both parents consent because, as an unrelated third party, you have no independent rights sufficient to trump a parent's constitutional right to parent his/her own child.
Answered on Nov 01st, 2012 at 1:36 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, you cannot file for custody of an ex girlfriend's child, one that is not yours.
Answered on Nov 01st, 2012 at 3:30 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have discerned how to adopt but that is not practical. I would suggest a private or contractual agreement as it is really not practicable to marry and adopt. It is not optimal, but the best that can be done under your circumstances.
Answered on Nov 01st, 2012 at 3:17 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can file and see how it goes. A case just came down from the Appellate Court this week where the boyfriend was trying to get some custody and the court said he had to establish a "familial relationship." I'd see an attorney so that the attorney can pull the new case and see whether it can be used in your case.
Answered on Nov 01st, 2012 at 3:17 AM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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In order to file you must have legal standing. In PA your facts may support a file of a custody complaint in loco parentis. You should consult with and retain an attorney.
Answered on Nov 01st, 2012 at 2:47 AM