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Non-biological children and divorce

Reno, NV |

I am filing for divorce from my husband. We have 2 minor children, one is biologically his, one is biologically mine. We have no children that are biologically ours. What responsibilities do we have to the other's child?

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Attorney answers 1

Posted

Well . . . it depends. You do not mention adoptions, so i presume no such thing was done (if so, the kids are treated precisely as they would if they were both parties' biological children). Technically, no automatic right to custody, or visitation, and no obligation for support.

That said, it is possible to have either continuing visitation, or possible support, in this situation. A great deal depends on the factual history, and what the adults (AND children) WANT to have happen; a full consultation with qualified counsel is a very good idea. For background, however, the relevant statutes, cases, etc., are set out at:

http://www.willicklawgroup.com/child_custody_visitation

http://www.willicklawgroup.com/child_support.