I divorced my Ex (second husband) while pregnant. I remarried my first husband and he has raised my daughter (now 2-1/2 years old) since birth but my Ex (her biological father) is in the picture with visitation rights. My husband and I have 3 older children together. My daughter loves my husband calling him daddy and my husband loves her as if she were his own. My Ex is modifying the visitation order to get more time with her and I assume as time goes on, he will seek more and more, maybe even 50%. We have joint legal and physical custody. Does my husband have any parental rights since he has raised her since birth and they have formed a father-daughter relationship? Would a court ever give my Ex 50% physical custody even though she's been raised in a stable home with a father and mother figure and 2 brothers and 1 sister? I know I have my rights as the biological mother, but do we have more rights as a married couple and a family?

No, your husband the child's step father has no legal rights about the child at all. And if you have joint legal and physcial custody in the agreement, he should be able to request and get 50/50 time if he just asks for it.

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Originally Posted by arubalcava

I divorced my Ex (second husband) while pregnant. I remarried my first husband and he has raised my daughter (now 2-1/2 years old) since birth but my Ex (her biological father) is in the picture with visitation rights. My husband and I have 3 older children together. My daughter loves my husband calling him daddy and my husband loves her as if she were his own. My Ex is modifying the visitation order to get more time with her and I assume as time goes on, he will seek more and more, maybe even 50%. We have joint legal and physical custody. Does my husband have any parental rights since he has raised her since birth and they have formed a father-daughter relationship? Would a court ever give my Ex 50% physical custody even though she's been raised in a stable home with a father and mother figure and 2 brothers and 1 sister? I know I have my rights as the biological mother, but do we have more rights as a married couple and a family?

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Your current husband has no legal standing; the child's father does have legal standing and by Law he is entitled to visitation and, perhaps, joint custody if he asks for it. If your "ex" is stable and not abusive you have no more rights as a married stable, non-abusive couple than he has.

As noted your husband has no legal standing.

At your daughter's age, a 50/50 split in physical custody is not out of the question. However, as she gets into school age, this may be considered disruptive. If both parents can't get her to the same school its usually a no go.