How do I get custody of my stepson? - Child Custody Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


How do I get custody of my stepson?

My almost 15 year old step son wants to live with us but his mother refuses. She is moving into a bad area, and that is his reasoning behind the change. He is also supposed to be registered for school already. She has done nothing for that, and has not even gotten him a physical. She has left him in our care, but said she will fight any attempt we have to change custody so he can go to school here. What are our options, as time is running out?

Beresford Booth PLLC
Contact this Attorney Now

You will need to commence a nonparental custody action unless you live with the child's father, then file a petition to modify the parenting plan.

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

Law & Mediation Office of Jeffrey L. Pollock, Esq.
Contact this Attorney Now

File a Motion for Standing as well as a Complaint for Custody. I you have been acting "in loco parentis," then explain to the court why the stepson would be best served by being in your custody.

Answer Applies to: Pennsylvania
Replied: 8/19/2011

Law Office of Roianne H. Conner
Contact this Attorney Now

In a divorce unfortunately you have no right to have custody of your Stepson. You can petition in juvenile court for custody stating that the mother is unfit but this is a very high standard to meet.

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

Answer By Steven Dunnings
Dunnings Law Firm
Contact this Attorney Now

If you have not adopted the child, you have no rights

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

Meriwether & Tharp LLC
Contact this Attorney Now

In Georgia, a child 14 years of age and older can "elect" which parent they wish to live with, and this election is typically honored by the Courts. You have to file the election as part of your modification of custody action.

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

Law Office of Patricia Van Haren
Contact this Attorney Now

You should immediately seek a change in custody with the courts. If the mother does not agree to the change in custody, you may request that the court appoint an attorney for your step son. You may wish to look at the school by his mother's house and compare it to the school by your home. You should contact an attorney immediately.

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

Answer By Robert English
The English Law Firm
Contact this Attorney Now

Generally, the custody is for the parent, which in this case, I assume would be the father. He has the ability to file an Order to Show Cause regarding change of custody/visitation. I would advise doing it immediately if timing is an issue.

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

Answer By James Lentz
Law Office of James Lentz
Contact this Attorney Now

I have about 100 questions I would like to ask. I am not optimistic you can achieve much before the start of the school year. Please see a local domestic relations attorney soon to determine what you can do in the best interest of the child.

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

The Law Offices of Robert W. Bellamy
Contact this Attorney Now

Depends. Your rights exist only if you adopted the boy. No rights if you did not. If you did then this problem should be worked out in divorce. If not and the child is in danger DHR can remove the child and place him in a foster home. In any case you need to speak with an attorney.

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

ROWE LAW FIRM
Contact this Attorney Now

Your options are either to get the mother to agree or to file a lawsuit for a change of custody based upon the change of circumstances surrounding the mother's move. While a child's preference is only one factor of many, it counts a little more when the child is older. Many boys want to live more with their fathers when they reach the age of puberty or more, merely because they feel that as a need. Your change of custody case may do well based on the facts you have related.

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

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy