Legal Question in Family Law in Virginia
What are the rights of a stepfather?
I have a daughter who I have full custody of and who's biological father has visitation of 4 times a which I've yet to see, however he does make his child support payments. My daughter does not know him and has never seen him. The only father she knows is my husband who has raised her since she was 6months old. In the event of my death could I roll my full custody status over to my husband? Would she be able to remain in the household which she has always been in. She is now 3.
1 Answer from Attorneys
Re: What are the rights of a stepfather?
The custody status of a child is not subject to being "rolled over" to another adult person, including a loving and devoted stepparent such as
your husband presumably is.
However, in the event of your demise, he could certainly sue for legal as well as physical custody, but it would be up to the domestic relations court hearing the matter to determine whether giving your husband full or partial custody would in fact be in your daughter's best interests which, of course, is the legal standard for determining such matters.
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