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legalquestions
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Family Law
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209 days ago
legalquestions's Answer
This question comes up often when step-parents, domestic partners and others in a child's life are concerned about the parent's or the state's custody decisions. Generally, courts prefer to keep families together. If you want custody of a child, but you're not that child's parent, you will have to show compelling reasons for granting you custody. If the biological parents are still available, you will have to show that:
The biological parents are not fit or not able to parent. You must be able to point to serious problems with the parents -- physical, sexual or psychological abuse; neglect or abandonment; prolonged separation; no parental relationship.
You are psychologically the child/s parent. To show this, you must show that you've lived with the child and acted as his or her parent; that you have a parent-child bond; and that the biological parents consented to your role in the child's life.
If biological parents are not available, you may be able to have them placed with you as foster children or start the process of adopting them. You should speak to a child custody lawyer for help.
Grandparents and other relatives have more rights than people who are not related to the children. Again, courts prefer to keep parents and children together -- but they must also consider the best interests of the child. Many states will award custody to grandparents before they will place children in foster care.
If you're a biological father, but aren't legally recognized as a father, you can file a paternity action. You will have to go to court and submit to genetic testing. If you're successful, you will be given all the same parental rights that are given to divorcing parents.
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209 days ago |
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