Can a wife take a husband child if he got custody of her but they raise her and now getting a divorce but it’s not her child?
2 attorney answers
I agree with my colleague. If she isn’t the biological mother and didn’t acquire parental rights this will not be a part of the divorce. Consult with an attorney who can review the facts of the case in detail and present you with the options.
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If the child is not her biological child, and if she never obtained parental rights to the child through a court order, the divorce action would not involve any parental rights to that child. She can raise a claim of custodial rights to the child under the new Equitable Caregiver law by filing her own original lawsuit against the father. She must attach a sworn affidavit to the suit alleging that she has been the child's caregiver over an extended period of time, and she has established a bonded relationship with the child, and has accepted full parental responsibility for the child. She should employ an attorney to defend the divorce suit, and to file a claim for custodial rights against the father under the new statute.
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