Legal Question in Family Law in Montana
Stepmother wants custody of child
My stepdaughter lives with my husband and I, we are possibly looking at getting a divorce. She doesn't want to live with her dad and I in all good conciousness cant send her to live with her real mother and a stepdad who is serving time and is trying to get out on paroll. What rights if any do I have to keep her with me as long as she still has visitation with both of her biological parents.
2 Answers from Attorneys
Re: Stepmother wants custody of child
Realistically, you don't have ANY custody rights unless the parents give them to you. The divorce court can't give her to you without their consent.
What you can do is negotiate a guardianship and power of attorney, effectively giving you custody. OR, the parents could allow you to formally adopt her, which would give you custody rights.
Best best: consult an experienced divorce lawyer.
Re: Stepmother wants custody of child
sorry. not my jurisdiction.
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