Q: My ex-husband wants joint custody of my son (his former stepson). Can I stop this from happening?
I do not want my son to have any contact with him due to the way he has treated me for the 10 years we were married, and even now after the divorce. I don't want my son to see that anymore. He never adopted him. I am remarried and my husband wants to adopt my son. I currently have sole custody, but he is taking me to court to be declared a psychological parent and earn joint custody. Do I have any chance keeping my ex from getting custody even though he has been in his life for 13 years? If he is granted just visitation rights, can my husband still proceed with the adoption process? Thank you
P.S. My son is hoping my husband is allowed to adopt him, he does not want my ex-husband to gain any custody of him. Does this matter?
-N- from CO
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A: More information is needed, including as relates to when you separated, how long you have been divorced, if there are any orders in place regarding your son and ex-husband, and how long it's been since your son has been in his care. If your son has not been in his care for the last 6 months and there are no orders in place regarding your son and ex-husband as relate to visitation or custody, then he does not get to just file something. Adoption by your new husband would stop anything tied into the divorce and your ex-husband. You should consult with an attorney right away if your ex-husband files something or if you want to proceed with an adoption case.
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