• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

custody of child when there is a stepchild

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state?What is the name of your state?CA
My brother-in-law was just served divorce papers by his cheating wife. He is a very involved father of a three year old son and six year old step son. He has a very close relationship with both children and they are used to spending evenings and weekend days with him while mom does her own thing. He wants custody of his son, doesn't know his rights to the step son whom he has lived with for four years (since his stepson turned two, the father is not involved). My brother-in-law works, his wife doesn't. He is still in the home with her, she is on the couch. She refuses to look for work. The older boy is in kindergarten half days and the younger is at preschool half days. He wants to keep his son. Any advice? Any hope?


Senior Member
Primary custody also generally would go to the parent who has been the primary caretaker to the child....plus, judges often tend to be reluctant to separate siblings. If mom has been a stay at home mom, then unless your brother in law can demonstrate that he has had full care of the children every night and weekend, then he could have a hard time getting primary custody.

He should probably be shooting for some sort of shared custody. If things don't get hostile then mom might be willing to share her older child as well.


he is a legal stranger with no rights to stepson

unless he adopted the stepson, he is a stranger with no legal rights to the child, im sorry.


Senior Member
titansfan said:
unless he adopted the stepson, he is a stranger with no legal rights to the child, im sorry.
If he'd adopted the stepson, he wouldn't BE a stepson, he'd be a son.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential