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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > CUSTODY OF STEP-SON
Expert: Jeff Laatsch - 10/22/2009
Question
I have been married to my wife 10 years next month. When we met she was married and had a son. When she moved in my Step-son was 6.5 months old. He is now 11.5 years old. I was never allowed to adopt him. His biological father has never had anything to do with him and hasn't seen him in almost 5 years now. My wife and I have a child together, I have been ordered 100% time sharing custody of him in Florida. However, my wife took off 5 days ago without a word and took both the boys with her. She has a Domestic Violence hearing on MOnday the 26th, where she is going to be served the injunction for the order. As soon as she is served she will be arrested. Will I be able to get custody of him while she is in jail?
Answer
William:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county/country.
Hmm 11.5? Interesting I never knew child have 1/2 ages?
OK, Unlikely because unless you can prove to the courts that Biological DAD or closet relative on DADS side is unfit to raise children you are counted out.
HOWEVER< Don't give up hope!
I strongly recommend hiring a Professional Attorney: Most Attorneys offer 1/2 free consultation time to discuss case and payment options.
Work with Attorney to determine county laws that would allow you to assume custody: OR File a petition for modification of Custody naming you as primary care giver: IN THIS CASE it would most likely go to trial so be prepared for a long haul.
Kind Regards,
Jeff
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