Legal Question in Family Law in California
my husband had a child with another woman while we were married. That woman abused the child when he was 13 months old my husband was awarded sole physical custody and both th BM and father were awarded joint legal custody. The BM was given supervised visits which she went to for a short time then stopped. The child is now 7 years old and has not seen the BM since he was 2 yrs old. My husband and I are separating, I would like to know if I have any rights to keep the child since I am the only mother he knows. The father has agreed to let me keep the child but we do not know how to proceed about it. Also, the BM is not a legal citizen and has threatened to take the child to Mexico
2 Answers from Attorneys
There is a family code that allows the court to grant child custody to a person that has acted as a parent for a substantial period of time. You need an attorney to assist you in this matter.
You should also be certain when you are before the court on the divorce action that you join the biological mother in as a potential claimant to get orders preventing her from taking the child away from either of the divorcing spouses or out of the country.
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