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Generally, the father's, but you should work together for what's best for the child. Which policy is the better one for being primary? Besides, with two policies, any bills end up fully covered. See links below for each of you.

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Q: What if a stepparent has medical coverage for a child and then the biological father has coverage for the child which he has joint custody of Which is primary and secondary?
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Could a biological mom regain custody of a child if the adoptive mom let her llive with her biological mom for 3 years?

yes


Can a step mom adopt a stepdaughter without the mothers consent in California if the parents share 5050 active custody?

No a stepparent can only adopt if the birth father or mother relinquishes their parental right of the child.


If you have joint custody can your teenager live with either parent?

The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.


If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?

Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.


Does a stepfather have a legal right to maintain guardianship of a stepchild if the biological parent with custody is incarcerated and the biological father wants the child back?

The stepfather would have standing to intervene into the custody case and attempt to be the primary custodian. Ultimately, the court will look at what is in the best interest of the child.

Related questions

Can grandparent come and take a child from a stepparent if biological parent dies?

Not for final full custody. The court has to decide who the children will go to. If they have lived with stepparent for years and know him/her as a parent the stepparent have a chance for custody. If the biological parent have left a will with his/hers wishes, it will also play a part. It's all about what is best for the children. Get a lawyer.


What makes a stepparent?

If a biological dad has custody and placement of his children and the mother remarries, is the her new husband suddenly a stepfather?


If stepparent is in the navy and mother has sole custody can the mother and child move with the stepparent?

That would probably require the permission of the court. Sole custody does not always mean freedom to leave the state.


Does a stepparent get custody auto when both bio parents are dead?

no not automatically. A grandparent is more likely to get custody.


If the noncustodial parent has a criminal record due to drugs would that count against her in a custody case against stepparent?

probably


Can a 9 yr old child have the right to live with grandparents in Pennsylvania?

The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).


Can a non-biological mother be considered as the primary medical insurer?

Of course, otherwise what would be the medical coverage for adopted children. If that person has no custody of the child, then probably not. That would be similar to a man and woman not married living together and one of them attempting to get coverage for the other.


Can you live with your boyfriend if your mother gives you permission but your stepdad objects?

If a stepparent has not legally adopted a non biological child, then he or she has no legal right to make any decision concerning the child. If the mother retains full custody of the minor the decision can be made solely by her as long as such a decision is not contrary to existing laws of the resident state. If there is joint custody between the two biological parents, the parent with whom the child does not reside would have to file suit to prevent the minor from moving in with a significant other.


You married into a family how does your husband get joint custody with you?

You do not express of what? If he has joint custody of his children, as a stepparent, you carry some consideration for similar access rights in his absence, such as on extended military deployment. It is best though to clarify this in a modification.


If a biological father has had no contact with his child then can he get custody of him if something happens to the mother?

Unless the biological father has relinquished custody, he can ask the court to grabt custody in case the mother dies or cannot take care of herself.


Can biological mother who has lost custody of her child regain custody in Texas?

lost the child to whom?


What happens if there is a legal and a biological father?

He fights for custody.