QUESTION: Can I get child custody if the child chooses to stay with me? I was married for 7 years and never adopted my husbands 2 children from a previous marriage. Now we are divorcing. Can I get custody of the 13 year old if she chooses to stay with me?
MY RESPONSE:
That is a difficult and sensitive issue to deal with.
I recognize that there may have been significant bonding between you and your husband's children, but if you did not adopt his children, you would not have the rights of a parent.
The children's mother and father have parental rights regarding the children.
Also, courts are reluctant to separate children from a marriage - they typically leave all the children with one or the other parent.
I am not saying that you should not seek custody of the 13 year old, because there may be a longshot chance that if the facts strongly support your getting her custody and her parents not getting her custody, you might possibly get her custody.
You would best consult with and retain an experienced Family Law Attorney to represent you in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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