Legal Question in Family Law in New York

Legal Rights to my Stepson if I Divorce

Is there a way in which I can obtain legal rights to my

stepson in the event that I get divorced? His biological

mother is alive and sees him rarely (1x every month or

two). Residential custody belongs to his father, my

husband. Could I legally get him to sign, as part of a

divorce settlement, that I could see my son at least

twice a week, and have a say-so in his medical and

educational care, even without the biological mother's

consent? Also, in case of death, if my son's father died

while our son is still legally a child, who would gain

custody? Could my husband write in his will or in some

other legal document that I'd get residential custody of

my stepson? If none of this is feasible, what CAN I do

so that if something happened I could see and be with

my stepson?


Asked on 6/23/04, 10:45 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Legal Rights to my Stepson if I Divorce

Your husband can agree to permit or grant to you visitation and other rights in your divorce, re your step son; and you can agree to pay child support. Which if Ordered by the Court, would be enforceable re your husband; and in the instance of the child's placement might allow you "standing" to petition for custody.

However, in the event of your Ex's death, your rights to visitation, contact, etc., would end or be entirely subordinated to the rights of the natural mother; absent your adoption of the child; or consent of the mother.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

Read more
Answered on 7/01/04, 7:21 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York