Legal Question in Family Law in California

Divorce in CA

My husbadn is divorcing me and his son (deceased wife) will stay living with me until he graduates. He is fourteen. I have raised him from the age of two. My husband checked the box, ''no minor children,'' as this is not a child of ''our relationship,'' however, our son will be a ''custody/visitation and support'' issue legally, right? I never legally adopted him but have papers my husband signed for the adoption back in 2004. We just never went to a judge. Now my husband no longer wants me to adopt. What should I do when I file a response?


Asked on 12/30/07, 5:35 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce in CA

I disagree with the need to file a petition for guardianship. You would qualify as the psychological parent of the child. You could be given custody of the child if the court finds that you have acted in the capacity of a parent for a substantial period of time.

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Answered on 1/05/08, 2:34 am
Robert Mccoy Law Office Of Robert McCoy

Re: Divorce in CA

Unless you file a guardianship or adoption petition with the court, your "son" will not be a custody or support issue. If, however, you are supporting your ex's son, you may be able to ask for additional spousal support.

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Answered on 12/31/07, 7:30 pm


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