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STEP PARENT RIGHTS IN CALIFORNIA

Posted by on Apr. 10, 2013 at 3:27 PM
  • 9 Replies

hi

im trying to get any info i can on step parent rights ..does anyone ,or has anyone been threw this ?

i have a 5 yr old step son who i raised from  8 months old his mom was always in and out of his life ,my husband and i always had him .my husband and i seperated and my son still lived with me .BUT the court gave her back the custody becuz husband was in trouble ......but her and i had agreement id keep him......now she got mad and just took him away ...i will be legally divorced next month and i want my own visits .she is an unfit parent thats why she gave him to my husband ..but all im asking is for resonable visits and  eventually she will not want him................thats how she is responsability she does not want ..

any info on how i go about this will be appreciated

by on Apr. 10, 2013 at 3:27 PM
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Replies (1-9):
mumsy2three
by Shauna on Apr. 10, 2013 at 6:51 PM

I don't know. If I were you I'd consult a lawyer in your area. Good luck.

sheri305
by on Apr. 10, 2013 at 8:36 PM

bump

TroyboysMom
by on Apr. 11, 2013 at 4:27 AM
1 mom liked this

Generally speaking, step-parents do not have rights in instances of divorce, although anything is possible in certain circumstances. 

Unless you adopted him, or established a paper trail that you intended to start adoption proceedings, you have no recourse. Legally, you are not his parent, and once your divorce is finalized, you have no claim to him whatsoever. You can go file a custody motion by indicating that you were a primary caregiver, but your chances are slim to none, especially here. Your best bet is going to be to consult an attorney. 

MommyAddie
by Member on Apr. 11, 2013 at 4:59 AM
Any relationship with a stepchild is legally dissolved when a stepparent and parent divorce. The law recognizes nothing between a former stepparent and stepchild, I'm sorry. There is no law to compel a mother to share her child's time with any person (related or not) besides the biological or adoptive father. This is aside from grandparent rights which are only available in some state and usually only pursuable when one parent is deceased.
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conniejo75
by Bronze Member on Apr. 11, 2013 at 5:50 AM
CA is one of a few states that does recognize step parent's rights... however just living with child doesn't mean you get awarded visitation. The burden of proof is on you to prove it's in the child's best interest to still have a relationship with you. Usually this only happens in cases where bio parent is not involved or deceased. You should contact a lawyer to see if you have a case or not. I have only seen one case where it was done and the child was a teenager and basically they were able to express the bond they had with that step parent.
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Sunshine257
by on Apr. 11, 2013 at 5:53 AM
I feel so bad for you. Get a lawyer and go from there.
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e-doolittle
by Kelly on Apr. 11, 2013 at 8:38 AM
Hugs! Hope a lawyer can help you.
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Karen_29
by on Apr. 13, 2013 at 3:33 PM

I'm not sure about the state of California but i believe in most states once you divorce you have no rights to child. Even now I am married and i have to sign a paper at the beginning of every school year that says my husband can check out my son,etc at school and he is 17 and been married since he was 2. I would contact a lawyer though since she is unfit.good luck!!

Lionpaw
by on Apr. 13, 2013 at 6:41 PM

No advice but contact a lawyer. Some wont charge for the first consultation to see if there is a case. Etc.


Good luck!

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