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  1. #1
    Join Date
    Oct 2006
    Posts
    2

    Default Step Parent Custody Rights

    Background Info:
    My wife has full custody of her two sons (12 & 14) from her first marriage. Her ex is in Va. while we are in N.Y. Her has sporadic contact with his sons and has his wages garnished for support.

    Question:
    My wife and I may be headed for divorce. Do I have any legal ground to push for custody of my step-sons? This includes asking to be the physical custodial parent.

  2. #2
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Step Parent

    No, you do not. You have no rights to her children.

  3. #3
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Step Parent

    Only if you were to adopt them first, but then you would be responsible to support them until they are 21 even if you didn't win custody.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Step Parent

    If your ex- agrees to give you custody, and their biological father doesn't object, it may be possible to get either a grant of custody or guardianship through the courts.

  5. #5
    Join Date
    Oct 2006
    Posts
    2

    Default Re: Step Parent

    As far as I know, adoption is not a possibility since their biological father has not relinquished his parental rights.

    What my concern is that my wife was diagnosed with mental illness (that is all I will say) and has yet to accept it and it is now 4 years and three hospitalizations later. If a court decides that, in the best interest of the boys, they do not reside with her, where do they go? I have been a stable part of their lives for 9 years.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Step Parent

    Consider trying to get a court-ordered guardianship on the basis of your wife's illness. This will be easier if the biological father agrees to it. Consider consulting a lawyer, particularly if you expect the biological father to object.

  7. #7
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Step Parent Custody Rights

    You can also petition the court to appoint a Guardian ad Litem also known as a law guardian which is an attorney who represents the interests of minor children. You may also apply to become their legal guardian which is different.Information on both types of guardians is available though your courthouse.
    http://www.courts.state.ny.us/forms/...t/pdfs/6-5.pdf

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