What to do in a divorce if my husband has had sole custody of my 6-year-old stepson for 3 years and he’s lived with us since he was 10 months old?

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What to do in a divorce if my husband has had sole custody of my 6-year-old stepson for 3 years and he’s lived with us since he was 10 months old?

His birth mother used to see him a few times a year but hasn’t been in picture in over 2 years. My husband and I have 2 more kids together and are getting divorced. He wants me to keep the kids so they’ll be together and I want to as well. Is it that simple or is there something we need to do to make it legal?

Asked on December 21, 2012 under Family Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I suggest that you consult with a family law attorney about the delicate situation you have written about and the need for a written agreement to be signed by you, your spouse and the mother of the stepson allowing you to have custody of all the minor children.


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