CAN NON-BIOLOGICAL PARENTS WIN

CHILD CUSTODY?

When you think of a family, your mind probably conjures up images of a mother, a father, a couple of kids, and that sort of thing. But families come in all shapes, sizes, and configurations. With a divorce rate estimated to be between 40% and 50%, and a rising remarriage rate (one recent study indicates that in four out of every ten new marriages, at least one party was previously wed), new families rise from the ashes of the old. Deep emotional connections are not exclusive to biologically linked households, but all of this, and more can complicate matters when it comes to child custody.

In the majority of cases, a biological parent will almost always have a significant advantage when it comes to gaining custody. There are, however, situations where a non-biological parent, like a stepparent, has been awarded guardianship by the court over a blood mother or father. These situations are few and far between, and usually represent extreme circumstances, but they do exist.

WHEN A NON-BIOLOGICAL PARENT MAY BE GRANTED CUSTODYWhen it comes to custody, paramount among all other concerns is what is in the best interest of the child or children in question. The health and well-being of any minors will take precedence over pretty much anything else.

Most of the time, remaining with a biological parent will be viewed as being better for the child, but that is not always the case. If you vie for custody of a child that is not your blood relation, you will have the opportunity to present your evidence and testimony to the court. If you can demonstrate that you are the optimal guardian, you may have a chance, though be prepared to face an uphill battle.

Perhaps the most common conditions that may lead to a non-biological parent being awarded child custody are cases of abuse, neglect, or abandonment. If it’s shown that the minor is placed in harm’s way by remaining with biological parents, it may be possible for another party to win custody.

If parents are involved in dangerous activities or criminal enterprises that may negatively impact a child, that will likely be considered. Similar to cases of abuse and neglect, a child may be removed from such situations if they are in jeopardy. When custodial parents wind up in jail or are otherwise absent, children may also be relocated.

While you may be able to gain custody by proving that the child’s biological parents are unfit, it is also possible for both sides to come to an agreement on their own outside of arbitration. Perhaps the birth mother recognizes that she’s not the best option to care for her child and is willing to hand over custody or grant parental rights. Regular or extended visitation is also an option that you may want to explore.

FACTORS THAT INFLUENCE CUSTODY DECISIONSWhen it comes to determining guardianship, the court will consider a number of factors before ultimately making its decision on child custody. The age of the child or children in question may figure into the final ruling. The older the child, the more meaningful a bond he or she may have formed with a non-biological parent, and this may be accounted for.

If a child is old enough, he or she may be able to voice an opinion on the matter. Though the court may take this into account, a judge will ultimately act in the child’s best interest, even if that runs counter to the expressed wishes.

Along these lines, the court may very well consider the nature of the relationship between the non-biological parent and the child. If the bond is deep, meaningful, and beneficial, that may factor into the decision. If you have acted like a father, perhaps raising a child from a very young age, paying child support, and generally looking after their health and well-being like a parent, that may go a long way to strengthening your case.

PATERNITY FRAUD AND CHILD CUSTODY

We love our children, and they form the center of many of our universes, which is why child custody disputes can become such heated, contentious affairs. But what if you find out after the fact that a child isn’t yours? Paternity fraud is an unfortunate situation that many men encounter, and it may not only disrupt how you look at the world, but it can lead to tricky legal territory as well.

When it is established that a man is not a father, whatever the circumstances, many assume he will want out, that he won’t want anything to do with continuing to raise a child that isn’t his. This is not always the case, and in many situations, a man may choose to remain part of a child’s life, even if he is not the genetic father.

If a man has acted as a father to a child for a long time, even if he’s not a biological parent, he may still have parental rights in the eyes of the court. This is especially true if his name is on the birth certificate or if he is considered a legal parent. Deep paternal feelings don’t automatically go away simply because of the results of a DNA test. If you’ve been a father to a child since day one, test results likely won’t change how you look at your relationship with a child.

If you are not a child’s biological parent, whatever the surrounding circumstances may be, you can still contend for custody and visitation. Keep in mind that the child’s best interests are paramount and that long, drawn-out court battles may not be ideal. Hopefully, you and the other parties involved will be able to come to a peaceable accord.

You may have a tough road ahead of you, but there are options. If you have questions about how to approach a custody case involving non-biological child custody, feel free to contact Goldberg Jones at our Seattle office and we’ll be happy to discuss the specifics of your situation.

• MORE INFORMATION ABOUT DIVORCE, CUSTODY AND FAMILY LAW CAN BE FOUND ON OUR WEBSITE HTTPS://WWW.GOLDBERGJONES-WA.COM/