I am married to a same-sex partner. Currently going through a divorce. She gave birth to a 2 year old just before we were married. I never adopted her, nor is she my biological child but it's clear to everyone the child and I are both very much emotionally involved and I am a "defacto" parent.
My question is this. The party's stipulated to joint physical custody with a 50-50 visitation schedule. However, if NO Petition in Equity was filed to establish my legal "Defacto" parental status, then do I really have a legal right to physical custody with just a divorce decree and/or stipulated agreement? Don't I need to establish my rights in equity first?
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