Legal Question in Family Law in New York

Obtaining Joint Custody of My Stepchild; Legal Rights?

Seven yrs. ago I began a relationship w/ a man who

has a son, (then 20 mos. old, now 9yrs. old), from a

previous marriage. Ex was very young, didn't want the

child, so the father got residential custody of him. Ex

sees him once in 6 weeks, although legally she has

joint custody and can see him alot more often. It is

believed she drank and drugged during her pregnancy.

I took over mother role, having no kids of my own. The

boy's dad and I married 4 yrs. ago. Now I want a

divorce. He doesn't want to give me any right to the boy

I've raised these 7 years. Do I have any legal recourse?

Can I fight for visitation rights to my son, even though

he's not my blood? I am the only mom this kid

recognizes. He has ADHD and Bipolar Disorder. I work

in spec. ed. and have dedicated myself to this child's

well being. Can I legally make my husband give me

rights for visitation when we're divorced? Please Help

Me. I cannot leave this marriage even though I'm

unhappy, if I won't be allowed to see my son and be

part of his life. Husband is a good father and a good

guy; we just argue constantly, are incompatible, and

aren't meant to be together forever. Please advice me.

Thank You So Much!


Asked on 5/21/04, 7:15 pm

2 Answers from Attorneys
richard feldman richard d. feldman

Re: Obtaining Joint Custody of My Stepchild; Legal Rights?

I do not believe that you have any rights but if you can skillfully negotiate the divorce settlemsnt to include some access that would be your best bet. you can call me at 212 683 8677 to discuss

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Answered on 5/22/04, 2:34 pm
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Obtaining Joint Custody of My Stepchild; Legal Rights?

If you can establish that it is in the best interests of the child to continue the relationship with you and to continue what special attention you can provide, you may be able to establish a right to visitation. It will take much effort both on your part and the part of the lawyer that you select and there will not be any guarantees, but you do have a chance. If you wish to arrange for a consultation with our office, you may call us at 212-267-7000

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Answered on 5/21/04, 8:22 pm


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