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Aug
29
Austin S asked:
My brother-in-law and his wife may be getting a divorce after 5 years of marriage. She had a child before she met him, with another man. She was never married. My brother-in-law never adopted the child so that they could continue to collect child support from the biological father. If they go through with the divorce, would he have any legal rights for visitation or joint custody or in legal terms is he a complete stranger to the child?
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My brother-in-law and his wife may be getting a divorce after 5 years of marriage. She had a child before she met him, with another man. She was never married. My brother-in-law never adopted the child so that they could continue to collect child support from the biological father. If they go through with the divorce, would he have any legal rights for visitation or joint custody or in legal terms is he a complete stranger to the child?
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Comments
4 Responses to “Visitation/custody rights if you never legally adopted a stepchild?”
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If your brother-in-law never legally adopted the child, then he never obtained any parental rights to claim in family court.
Thus, he would have no more legal rights to the child for visitation or joint custody than I do.
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he has no legal rights to the child ..only the legal parents do and he is neither mother, father, or an adoptive parent.
The Court sees him as a non-person when it comes to rights to the child…he will NOT get visitation unless the parents allow it, he cannot be granted custody because he is neither the legal or bio-father.
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I **** to say but he does not have any legal rights. He may want to make friends with the Dad so he can at least try and see the child when it is okay with him. It is Even hard for grand parents to get rights so good luck. Tell them to do right by the child and all do what is good for the child.
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Yes, the possibility exist if there’s no father in the child’s life, but he would also be obligated for child support. It a matter of putting together significant evidence on his relationship with the child and finding the right attorney.
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