QUESTION
How can I, as the stepparent, gain custody of my soon to be ex-husband's child?
Asked on Nov 24th, 2012 on Child Custody - Colorado
More details to this question:
My ex-husband (soon to be ex) is an unfit parent and wouldn't be difficult to prove so. He has two children. The youngest lives with my husband's parents. The oldest lives with my husband, part of the time. Most of the time, he drops her off at his dad's because he doesn't want to 'deal' with her. I know this because he calls to tell me. But I want to do something about this. I want to seek custody of the child, but how do I do this?
6 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You don't mention the mother - she'd have the right to custody. If she's not around and he won't give you custody, file for guardianship to try to get custody.
Answered on Nov 28th, 2012 at 6:56 AM
Dennis P. Mikko
As a step-parent you do not have a right to custody. You have no standing to proceed with a custody request. If the child is in danger, you may consider reporting the matter to Child Protective Services.
Answered on Nov 28th, 2012 at 6:36 AM
The only way to gain custody of your step-child is to be determined a presumed parent, which requires a Court determination, or to file for Guardianship of the children. Both processes will require the assistance of an attorney, they are complicated issues.
Answered on Nov 27th, 2012 at 11:58 PM
Michael Paul Vollandt
In California step-parents have visitation rights but not primary custody rights.
Answered on Nov 27th, 2012 at 10:25 PM
Suzanne H. Lombardi
In Alaska what you would do is a step-parent adoption. But you have to prove that he has not supported his children or had meaningful contact with them for a year. Your other chance is to see if he will give up his parental rights voluntarily and then you do not have to prove the above. An attorney can help you with the proof that is necessary.
Answered on Nov 27th, 2012 at 10:22 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to consult an attorney In the state where you are living to find out the rules for a non parent to seek custody of a child. Generally, simply being a step-parent or former stepparent is not enough in most states.
Answered on Nov 27th, 2012 at 10:21 PM