[Doomsday1976]

I was married to my ex for 6 years, she had a son that was just over 1 and has always known me as his dad, we had a daughter together and now our son is 8 and daughter is 5, I have never legally adopted the son, but now that we are separated, she moved to prince george in January (we were separate since sept.) and I was going to have the kids for their 2 week easter break, 3 days before the break, she phoned me and says that I can have the kids until at least summer, she wanted to go to councilling for herself, she still has no intention of getting the kids back anytime soon, at least for longer than the summer anyway from what I understand she is moving into an 800sq.ft place and is getting rid of most of the kids things. My question is, what are the chances of me getting custody of both of the kids even though my son is not my biological son? They both do not want to go back to live with their mother, and have both set's of grandparents here and my ex's sister and family here as well.

[Fr_Chuck]

I totally admire you for what you are wanting to do.


But there is 0 ( zero) chance of you getting custody of a child that is not yours, and that you have not adopted. Had you adopted the child while you were still together you could have. You have no legal interest in the child what so ever, and you should have a POA that will allso you to take the child for medical treatment if needed while you have the boy.
A lawyer in your area may have some ideas but I don't know of any

[Auttajasi]

Actually, there is a chance.
A court will grant custody to anyone that has had a vested interest in the child's life, regardless of whether they are a biological parent. You would need to show the court that you would be a better parent, and that it is in the child's best interest for you to have custody. The key words that all child custody cases are based on are "best interest of child." Though you haven't adopted the child, you have formed an emotional bond and acted as a parent to this child. The courts may interpret this as acting as a biological or adoptive father, and may grant you certain rights accordingly. There are cases where non-biological grandparents, friends, and neighbors have gained custody over a child for showing the court that they would be a better parent.
The court will also take into account your location, school districts, child's friends, and most importantly, who the child wants to live with.

Now. This will probably be an uphill battle, but it is becoming more and more common. Courts have little concern about who is the legal guardian if they have a history of bad parenting. Social services grants custody to foster families all the time because the biological parent is not fit to parent.
There are even cases where non-biological fathers have been ordered to pay child abuse.

Good luck. I applaud you. Don't give up.

[Fr_Chuck]

After the bio father, the grand parents, the aunts and uncles, cousins, and even family services have first call. In fact a non related person has not legal standing, every other family member ever how distant will have to be asked and say no first

Also where is the father in this, has he signed over any rights ? If not he will be the first battle, but it would be easier for the grandparents to get custody.

[Auttajasi]

Still not right Fr Chuck. There is no custody hierarchy.
I actually have a current client who is trying to gain custody of her kids even though she is not the biological parent. She raised them for most of the lives. I'm not sure how strong her particular case is though. She is in a community corrections facility for a first time drug offense. Her X-husband is a multiple offender, but is not currently incarcerated.

Case law dates back to at least a 1998 appelate court decision.

Here is the link to an article about it.

:: LONG ISLAND&NEW YORK DIVORCE ATTORNEY, CHILD CUSTODY LAWYER, FAMILY LAW FIRM - NEW YORK STATE DIVORCE -SARI FRIEDMAN LAW ::

Here's the first paragraph or so:

"A new precedent setting Appellate Court decision in August 1998 may have opened the door for non-biological fathers to claim custody or visitation rights even when the biological parent is not unfit. With this Appellate decision, the court has perhaps belatedly recognized changing lifestyles and the need to make decisions based on the best interests of the child."

Before this decision last year, a biological parent who had not abandoned his or her child and who was not deemed to be unfit, had a paramount right over all others concerning custody. For years, the courts have recognized only biological and adoptive parents and grandparents in granting custody and visitation rights.

Here is the conclusion:

The Appellate Court ruling opens the door for non-biological fathers who have supported the mother's child and have developed a father-child relationship, and who have been a psychological parent to the child over a long period, to assert equitable estoppel when applying to the court for custody or visitation of that child when the parents separate.

Doomsday1976: Find a competent lawyer who specializes in child custody disputes. You definitely have a shot. Good luck!

[GV70]

If there is no fathers name on the BS-you will have some rights...

[yanchulis]

I'm going threw something the same I'm trying to get my step son he is living with me and he's dad the grandfather had him but passed away the mother as not filed but her brother has but he is still in my care I have been in his life for three years and a half yrs he will be five in June we go to court April 12th so if you have any info please let me know

[GV70]

im going threw something the same im trying to get my step son he is liveing with me and he's dad the grandfather had him but passed away the mother as not filed but her brother has but he is still in my care i have been in his life for three years and a half yrs he will be five in june we go to court april 12th so if you have any info please let me know

Which state?

[yanchulis]

Tn

[GV70]

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