Q: Is it possible to obtain Legal Custody of a child that isn't yours, but that you've raised 50% of the time for 10 years?
I've got a friend that started dating a man (Father) that had a 6-month old child, conceived between him and a surrogate (Biological Mother). Shortly after the birth of the child, Biological Mother exited the equation... and my friend (Mother) entered.
She raised the child as her own and within the confines of that relationship for 9-years, and for the last 2-years she has had him 50% of the time after a Parenting Time settlement was reached between both parties. She also has another child with this man, whom she also has physical custody of 50% of the time... does she have any recourse for obtaining equal custodial rights over the child that isn't hers, biologically?
A: Your friend should discuss adoption with a competent Arizona-licensed family law attorney. It sounds like she has been filling the role of parent, she should seek to be legally recognized as the adoptive parent she is.
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A: If she doesn't adopt the child, then she can't have equal custody under Arizona law. A case came out last year, Hustrulid v. Stakebake, that made that very clear--that nonparents cannot share custody with parents.
1 user found this answer helpful
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