Where can I find info on custody rights?
I need to know what rights a mother has to her children she has raised even though legally they are not hers. My friend is married with 3 children that are her husband's and the mother is deceased. What rights does she have or can fight for if something happens and they get divorced?
Answers:
It depends on the state. This site provides references for step-parent custody in each state: http://www.divorcesource.com/tables/step...
Unfortuntaly she has no legal right to the children even if the mother is deceased, but their is still hope for her though. Her husband can give her visitation rights if he wants to, but that is left up to the legal gaurdian. The best thing for her to do is to research FAMILY LAWS of her state, or she can get a free consultation from a attorney.
Unless she has adopted the children formally, she has no rights.
In a divorce, the childrens father would be granted custody. The step mother would have no visitation rights.
Custody would be a long shot unless the father is unfit. However, visitation is a definite possibility. Anyone that has a bond with a child can apply for visitation. If she has been raising those kids for years it would be detrimental to them to lose contact with her. A judge will look at the effect on the kids. To say that she would have "no visitation rights" is incorrect and misinformed. States may vary, but the role of step-parent is starting to be recognized by the courts and step-parents are even getting custody of their step-kids. My hubby has custody of his two daughters. I have been told by our lawyer that if something happens to him I have a good shot at custody. The mom is unfit.
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