Legal Question in Family Law in Louisiana
Step-parent rights?
A friend of mine has been seperated from his wife for 3 years now and they had a child together, of whom he has full domicile custody of. There were also 2 step children in the household. The eldest is 18 and free to do as he pleases the younger of the two is 16. The younger wants to live with her stepfather because of the same reasons that custody was granted of the bio child. The mother is on drugs and has had various run ins with the police. The 16 year old is being held back in school for missing too many days, because the mother wouldn't bring her to school, although she still recieved all A's and B's. She doesn't have anyone to fight for her or to care. My friend wants to love this child and take care of her like he does his own child. He has been part of her life since she was 3. The 16 year old girl wants to live with her step father and sister, she is begging for a stable home, that her mother doesn't offer her. Is there anything that can be done to help this little girl? (The mother would never sign over rights, she still is not happy about losing custody of the youngest bio daughter.)
1 Answer from Attorneys
Re: Step-parent rights?
A non parent can obtain custody of a child if custody to a parent would result in substantial harm to the child under some circumstances.
The burden on the non parent is very heavy and I highly recommend obtaining an attorney is this is attempted.