Q: Can a common in law spouse get custody of a non biological child?
My daughter had died and the child's bio father isnt in his life nor on his birth certificate. I have raise the child with my daughter since birth. Who is able to get custody of the child? Or does the common in law spouse gets him? We all still live together. The common in law spouse, child, and I. He wants me to believe common in law trumps bio family.
A: From your question, it sounds like either you or the child’s biological father under those circumstances
1 user found this answer helpful
A:
As a parent of a deceased parent of the child, you do have standing to bring a suit to obtain managing conservatorship (or custody) of the child. Your burden will be to prove that you have had substantial past contact with the child, which it appears that you have if you've raised the child since birth.
If bio dad's parental rights have not been terminated, then bio dad has a superior right to possession of the child than anyone else (even you), since he's the only living parent, even if he has not been involved in the child's life. You will want to reach out to bio father to see if he would agree that you should have custody of the child. Any lawsuit that you file regarding the child, you will have to have bio dad served with notice that you've filed a lawsuit regarding his child.
The common law spouse "could" also have standing to bring a lawsuit regarding the child if he can prove that he has had actual care, control and possession of the child for at least six months. If he's been living with you, that will be a hard burden for him to overcome, but not impossible.
It would be best for you to have a consultation with a family law attorney to be better able to determine what your legal rights to your grandchild may be.
I hope this information helps. Good luck to you.
1 user found this answer helpful
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