Q: I am wondering what I can do to maintain my relationship with my step-children now that I do not have custody of them.
I left my ex-spouse last March with my two children and her two from her previous marriage(I had raised them since they were not even 1 and 2, and they are now 7 and 8). I got emergency ex-parte custody orders of my children, and was able to call the biological father of the other two so he could come and get them and keep them safe since I had no legal rights at that point to keep her from coming to get them. In court, my ex admitted to abuse and neglect and I have continued to have sole custody. While myself and my children were allowed to facetime the other kids on occasion, the biological father has since stopped allowing facetimes for me. I raised them from babies and we have an extremely close relationship and they are very attached to me. The last time I saw them they did not want to leave me, and I always feel the same and miss them every day. I am wondering if, because of the nature of our relationship and how close we are, there is anything I can do legally for visits?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry to hear about the challenges you're facing with maintaining your relationship with your stepchildren. In California, stepparents who have formed a significant bond with their stepchildren may have the option to request visitation rights through the court system. Given that you've raised them since they were very young and have a close relationship, you might be able to petition for visitation.
To pursue this, you can file a petition under California Family Code Section 3101, which allows stepparent visitation if it's in the best interest of the children. The court will consider factors like the emotional ties between you and the children, and how visitation would affect their well-being. It's important to present evidence of your strong relationship and the positive impact continued contact would have on them.
Consulting a family law attorney could provide guidance on how to proceed with your case. They can help you understand the legal requirements and represent your interests in court. Your dedication to your stepchildren is important, and there may be legal avenues to help you stay connected with them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
