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step-father wants custody over biological father

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vdkiss

Guest
I live in Pennsylvania and My husbands ex-wife passed away in October. They have a 14 year old daughter who up until her death lived with her mother and step-father. She now lives with her father and myself her step-mom. The step-father now is sueing for custody claiming her interests would be better served living with him. My question is has anyone gone through this same situation and what was the outcome? What rights do step-parents have when facing biological parents who have always been active in the childs life?:confused:
 


ktarra617

Member
it is highly unlikely that the stepfather would get custody. Bioparents rights take precedence over step because steps have no rights. Hate to tell step dad this but unless he can prove that your husband is totally unfit which is unlikely he's wasting his money. Mom may not have wanted daughter to live with dad but that doesn't change the fact that when something happened to mom, the child custody reverts to the surviving parent.

i am sorry for your stepdaughter's loss but she does not now need to be drug through a custody battle with a man that yes she has lived with but is not her father.

just out of curiousity does your stepdaughter want to go back and live with her stepdad? or is it possible the stepdad thinks he will get the cs your husband has been paying this whole time if your sdaughter lives with him?

Good luck.
 

ellencee

Senior Member
vdkiss
I think for a 14 year old to lose their mother is a great tragedy, and to lose the rest of famiy with whom she has lived, her 'house', her neighborhood, her school, her friends, is too much to put on anyone.
I doubt the stepfather is seeking custody without the 14 year old's agreement, whether or not she tells you this.

Can your husband not allow the child to stay with her stepfather, although your husband retains custody?

It seems there is a more humane way to handle this than to once again give control of your life, and that of others, over to the courts. I am opposed to having the courts, and the thus the government, in control of families.

Remember, too, none of us knows when 'the bell tolls' for us. Your husband could win in court and then be killed on the way home--what good would have come of this? or, the stepfather could win and be killed on the way home--again, what good would have come from this? none. The only good that can come from this is to put the child first, and ask her what she wants to do and support her in it.
 

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