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14divorce
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Reged: 05/18/11
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stepchild and divorce
      #747692 - 05/18/11 06:25 PM

Hi,
I have a question. I am married right now but considering a divorce. I have a little daughter from my PREVIOUS marriage. Question: Will the custody question ever arise during the divorce, if she is my child, not his, we were only married for less than a year, and she speaks no English (we are new immigrants, my current husband is American)? Thank you.


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googledad
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Re: stepchild and divorce [Re: 14divorce]
      #747754 - 05/18/11 10:12 PM

What state ?

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BeckaLeigh32
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Re: stepchild and divorce [Re: googledad]
      #747786 - 05/19/11 12:20 AM

Does it matter what state on this one??? And I am not being sarcastic, either. I would assume this is her child from a previous marriage, this marriage lasted less than or right at a year, if I recall, it is HER child. Right?

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14divorce
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Reged: 05/18/11
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Re: stepchild and divorce [Re: BeckaLeigh32]
      #747819 - 05/19/11 08:48 AM

Michigan. Yes, it is my child, not his. I am asking because I want to be sure there will be NO WAY he has a chance to get MY child, before I start the proceedings. Thank you.

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Jeanne1978
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Re: stepchild and divorce [Re: 14divorce]
      #747853 - 05/19/11 10:25 AM

I know you said the child is yours, but has your current husband legally adopted her? Where is her biological dad?

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BeckaLeigh32
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Re: stepchild and divorce [Re: Jeanne1978]
      #747876 - 05/19/11 12:05 PM

As long as he has not adopted her, I don't see him having any rigts to the child. Stranger things have happened, but he has no legal claim to her, as long as he has not adopted her.

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googledad
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Re: stepchild and divorce [Re: BeckaLeigh32]
      #748269 - 05/22/11 09:19 AM

Does it matter what state on this one???

>>>>>>>>> Yes .

In some states he could seek visitation or even ( unlikely ) custody .

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14divorce
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Reged: 05/18/11
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Re: stepchild and divorce [Re: Jeanne1978]
      #748804 - 05/24/11 08:59 PM

oh, no, my husband did not adopt her; her father lives in our home country, I have sole custody.

Thank you!


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14divorce
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Re: stepchild and divorce [Re: 14divorce]
      #748811 - 05/24/11 09:07 PM

Another question concerning the same situation. I know that the court here considers the what they call 'interest of the child' when kids are involved in a divorce. Before getting married, we signed a pre-nup, stating that in case of divorce I don't want any alimony or spousal support. I am currently looking for a job, and have ridiculous sum in my personal account. I am planning to file for divorce as soon as I can afford to rent any place to move out to with my kid. It is very probable, that at that point in time I will be much worse off than my husband. Now, the question: can it be considered 'in the interest of the child' to live with her ex-step-father just because her mother has lower income and does not own a place to live? I do appreciate any input, maybe the questions are naive, but I just want to be sure....

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gr8Dad
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Re: stepchild and divorce [Re: 14divorce]
      #748820 - 05/24/11 09:26 PM

I would like to pose a question to you. What is the relationship like between the guy you are divorcing and your child? While there may not be a LEGAL means for him to see the child, you should realy consider allowing a relationship, assuming it is good, to continue.

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