Generally, petitions for non-parent custody require a showing of extraordinary circumstances for a non-parent to even have standing to seek custodial rights. From the facts you relay, it seems this does not exist. My next question would be what you are trying to accomplish by having step-dad on custody papers. If access to school/medical records and personnel is the issue, this can easily be accomplished by signing a release with the respective facility. Best of luck to you and your family!
No, the problem is that your husband isn't a legal parent, so he cannot become a "custodial parent". If he adopts, then he would become a legal parent and he could also become a custodial parent. He cannot adopt as long as the biological father's parental rights are intact. You may be able to designate your husband as a stand-by guardian in certain circumstances, but this is something you should discuss in detail with an attorney. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: email@example.com. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
Sign up to receive a 3-part series of useful information and advice about child custody law.