Can natural father take a child from the stepfather, does step father have any rights

Asked almost 2 years ago - Asheboro, NC

The child's mother died and left the child in the care of the step father and the child wants to stay, but the father has taken him and left him with the grandmother

Attorney answers (2)

  1. Alan R. Krusch

    Pro

    Contributor Level 12

    1

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    Answered . The father has the primary right to the child. When mother died, the child should automatically be in father's custody. Mother does not have the power to grant custody to anyone. Step-father can sue for custody but must show father is essentially unfit.

  2. Lloyd T. Kelso

    Pro

    Contributor Level 14

    Answered . I agree with Mr. Krusch, but would add that if the child has lived for a long period of time with the step father, and the biological father has been absent, the step father may be able to show the biological father has acted inconsistent with his paramount right to custody. If that is the case, then the court can award custody based upon what is in the best interest of the child.

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