QUESTION
How can I get custody of my kids since we are already separated for 6 years?
Asked on May 16th, 2013 on Child Custody - Illinois
More details to this question:
Trying to find a fast low price divorce so I can get full custody of my two kids been separated for 6 years have a girlfriend 6 years to help me raise them since they were 2 now they are 8. To my kids she is the their mom now can when we do custody can she have more rights than the actual birth mother so my question is can me and her have the say so in everything that goes on with the kids live with us not the birth mom she gets them so often.
3 ANSWERS
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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No. She is not the mother of your children. She is a third party.
Answered on May 17th, 2013 at 12:50 PM
Yes you may well be able to get custody of kids who have been in your custody for the past 6 years. Are you on their birth certificates. If yes legally you are their father. If not you have to be declared their father first. No your girlfriend woulds have no legal rights with respect to those kids unless there was an adoption. A step-mother has little, if any, rights and a girlfriend even less. If you want her to have rights, you would have to marry her and then do an adoption of the kids. Not a simple thing to do, but that is the only way she gets rights.
Answered on May 17th, 2013 at 12:49 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No. It is hard to understand what you are saying, but no, your "girlfriend" cannot have more rights than the mother. If she wants those rights, then marry her and let her adopt your children. If mom still wants to be involved in the children's lives, that is her right. The only way to make sure you get custody over mom is to file a custody action in court. If there is no custody order, mom has the same right to the children that you do.
Answered on May 17th, 2013 at 12:49 PM