 |
|
|
 |
New Member
|
|
May 1, 2008, 04:45 PM
|
|
Does a non-biological father have any parental rights?
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?
|
|
 |
Expert
|
|
May 1, 2008, 05:38 PM
|
|
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.
|
|
 |
Uber Member
|
|
May 2, 2008, 05:30 AM
|
|
 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?
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.
|
|
 |
Computer Expert and Renaissance Man
|
|
May 2, 2008, 06:21 AM
|
|
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.
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Non-biological father rights
[ 7 Answers ]
:confused: My nephew,20 yrs.old< started dating a girl who was 7 months pregnant.she was arrested and was in the county jail when she went into labor.They took her to the hospital where my nephew went with her.He ended up cutting the cord and all and then signed the birth cerificate as the father....
Does a non-biological father have rights?
[ 4 Answers ]
My daughter is now 7yrs old and she has never seen her biological father. I've been married for 4yrs now and my husband has been raising my daughter since she was 2yrs old. She really only knows him as her father, she calls him dad. She has a 3yr old sister from this marriage, basically we're a...
Can I have my daughter's biological fathers parental rights terminated?
[ 1 Answers ]
I have a five year old daughter. Her father and I were never married. When I was in a relationship with her father he was abusive. He has had little to nothing to do with her in her whole life. She doesn't even remember him. He is constintly in and out of jail and the reason I know this is because...
Parental Rights for non-biological parent
[ 1 Answers ]
My boyfriend is going through a very difficult divorce. Currently he works very long hours and we only have one car between the two of us. He has 2 year old twins and he pays $300 per week in child support. He is only off on Tuesdays and Saturdays, but I need the car for work on Tuesdays. Which...
Do I have rights with my biological father
[ 9 Answers ]
This is a very long story. Basically, I found out when I was 30 that the man who raised me was not my biological father. He loved me as his own and he is (was, passed away when 16) my Dad and Father. However, my entire family knew about this including my deceased father. My bio-father was my...
View more questions
Search
|