Can I get custody of my girlfriend's kids if I am not the father? - Child Custody Law Questions and Answers- LawQA.com

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Can I get custody of my girlfriend's kids if I am not the father?

I was 19 in the military and I was dating a girl and she told me she was pregnant so I assumed I was the kids (twins) dad. They have my last name and everything and they are named after me. Then I found out later that they werent mine but I still care for them. She gave custody of them to her mom but I still provide for them (school clothes get them for the summer etc...). Both of the kids state that they want to live with me. Is there anything I can do?

Beresford Booth PLLC
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Commence a nonparental custody action unless you have been established as the father by court order then you can seek custody in that action.

Answer Applies to: Washington
Replied: 8/24/2011

The Davies Law Firm, P.A.
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Yes, there is. You may have the right to take custody, under New Jersey law which may treat you as their father because you have raised them and been their father for so many years.

Answer Applies to: New Jersey
Replied: 8/19/2011

Law Office of Roianne H. Conner
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The simple answer is no. If you are not the father you have no legal rights to the child or children.

Answer Applies to: Alabama
Replied: 8/13/2011

Answer By Michael Rose
Michael Rose Attorney at Law
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How did you find out that the twins were not biologically yours? Did the mother go to court? The last name does not make a difference. You have been acting as a presumed father. This gets complicated so go talk to someone get legal advice and see if you can get them legally. Good luck

Answer Applies to: California
Replied: 8/12/2011

Answer By Kollin Rice
Rice & Co., LPA
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It is legally possible for you to be awarded custody of these children. However, with third parties, it is difficult unless the parents and current custodian are in agreement. If the children's mother and grandmother are in favor of you taking custody, it probably could be done. (The father's agreement as well would be even better.) If they are all going to fight against this, it will be tough.

Answer Applies to: Ohio
Replied: 8/11/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
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You were never married to the mother and you are not the children's biological father. You may be able to get some rights to the children, but, I'd think that you'd be in for a long and expensive fight if there is any opposition to your involvement with the children. Without knowing a lot more about your situation, I really couldn't venture much of an opinion beyond that.

Answer Applies to: Washington
Replied: 8/11/2011

Answer By Joanna Mitchell
Joanna Mitchell & Associates, P.A.
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No, not unless the Mother agrees (unless you were married to the mother, then that is a different situation, but it doesn't sound as if you were).

Answer Applies to: Florida
Replied: 8/11/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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You are what is referred to as a presumptive father. A presumptive father can file custody suit - though there are a few limitations - how long ago did Grandma get custody and why? Are you still in the military? If so, where are you stationed? Ft. Hood is the largest military community in Texas, are you there? If so, call Billy Ray Hall in Temple, he is the attorney I would recommend to you. Since I limit my practice to Collin and Dallas Counties and there are no military communities around here, I can only help if you are out of the military and living in this area (or the kids are here).

Answer Applies to: Texas
Replied: 8/11/2011

Cody and Gonillo, LLP
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Here is an attachment and information you may find useful: http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/ChildCustody/childcustody .htm Another way to approach it would be to go to Probate Court and seek Guardianship.

Answer Applies to: Connecticut
Replied: 8/11/2011

Petit & Dommershausen SC
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You can request visitation if you have parent like relationship with the children or try to get guardianship over them

Answer Applies to: Wisconsin
Replied: 8/11/2011

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