If I’ve been with my partner for 4 years and he has full custody of his 5 year old son, can I get half of the custody?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’ve been with my partner for 4 years and he has full custody of his 5 year old son, can I get half of the custody?

We are worried that if something bad happens to him and the natural mother gets custody. I won’t have any rights to stay with the baby since he been living with me for so long. My partner and I are not married.

Asked on June 20, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What you would need to do is to get married and then have the right sof the natural mother terminated (or she could give them up voluntarily) and then you could adopt the boy giving you parental custody and thus rights.  But wioth out doing so you would probably not have rights over the natural mother.  If somethig were to happen to your partner the mother wpuld be the first in line unless she was adjudicated incompetant in some way.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption