Q: My friend just found out that her wife is still married to her ex husband. Can my friend get custody of the kids?
Friends wife is on drugs, no job, and no place to live. My friend has a clean record, has been at her job for several years, and owns a home. She is also Choctaw Indian that provides childcare and insurance if she is able to gain custody and adopt the children.
A: WOW, sorry I didn't see this earlier. This one is a bit complicated, and it doesn't look like there is any good answer for your friend. Since your friend's wife is still married to another man, their marriage to each other is void. These children have a father and a mother. I think, based on the limited information I have, that your friend technically has no legal grounds to seek either custody or adoption. However, there are so many factors involved here, your friend should consult an experienced family law attorney who can give better advice based on all the involved factors.
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