The mother, unless proven to be unfit or incpable of caring for the children, and regardless of her marital status, invariably gets custody after a divorce.
It's likely, but I don't think that you could legally demand custody. You could work out some arrangements with the custodial step father and the biological father concerning visits and vacations, but you will still need a court order that gives you custody.
The father will find it easier to get the custody of the children , as the wife has left both the husband and as well as the children and is least interested in them.
It's likely the father will take the child. Being lesbian is irrelevant. being single and lesbian doesnt make you UNSTABLE... as remarried doesnt make you STABLE!...
My, what a sad story! yes the mother would more likely be in full custody of the children or child
It would be very difficult to find a judge would would grant custody to someone with no means to take care of the children. The father could reapply for custody at a later date if he improves his situation.
I think what you're saying is that there is no court order in place. If that is the case, then neither parent has legal custody, so who ever has the children then has custody. So, if the children were to return to the mothers care, or if the mother were to obtain the children she would then have custody. This is the case in North Carolina. I can't speak to other states. However, I would like to issue a warning. It is in the best interest of the children for the parents to come to an agreement about the custody of the children. Parents who are separated should still work together to ensure the well-being a safety of their children. If the mother is a drug user, has a violent boyfriend, or anything else that might put children at risk, then be warned that if the mother does remove the children from the father unwillingly - it is likely that he will make a report to Child Protective Services. If CPS finds out that the mother is an unsafe caregiver, it is likely the department will place the children with the father and give him full custody - with a court order.
Most likely not. If the mother had sole legal and physical custody and had the "step father" adopt the children without your knowledge - the adoption would be voidable. If he is illegally holding the children against your or their will, that is considered kidnapping in many states. Get the state involved.
most likely..no. well that's what i think. ;)
If mother and father can not agree upon this issue then it will most likely go to court. Depending on the age of the children and the courts impression of mother and father, they would most likely favour the Mother, especially if she gets house. It is harder for a father to get custody of children, but providing children want to stay with him, and he keeps house... then the chances are high. This is no simple question with only one answer. Other implications apply.
Custody issues are decided by the courts on the basis of the best interest of the child in question. If the child is likely to be cared for better by the father than by the grandmother, then yes, the father would have a good chance of winning custody.
This isn't usual, but if the mother is neglectful or if her lover is abusive, the courts can transfer the children to the father. Courts are coming to recognize that the mother's lover is the person most likely to abuse her children.
The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.