Are there any steps or things that I can do to get custody of my stepson? 1 Answers as of September 24, 2017

I am married for 5 years. First two years, my wife had child with another man while I was in custody. I got out, have a better my life, have had a full-time job for the last 3 years and have taken responsibility for my stepson financially and emotionally since he was 1and 1/2 months old. He thinks of me as dad and we have a heavy bond. But and this is where it gets tricky, his mother and I are possibly in the process of divorce but no papers have been filed. In the meantime, she has moved out to a shady part of town and is now letting the biological father back in to my son’s life. Biological father has not been there for the last 2 years and 7 months that he has been alive and or was refused visitation by my wife due to Violent history and known drug problem. I recently saw my stepson after 2 weeks of absence due to my wife. He is covered in flea bites with scabs from head to toe covering about 80% of his body. He did not seem happy, nor did he leave my side for anything not even mommy which is alarming to say the least. I fear for my child’s safety. Is there any possibility that I can fight for custody? I have a full-time job and I'm willing to be completely financially and emotionally responsible for my step-son and willing to do whatever it takes to make sure he is safe.

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The first thing you should recognize is if a child is born in the course of a marriage, that child is presumed to be a result of that marriage. From what I understand you were married to your ex when she conceived this child. Even if you were not married, you've established an important psychological relationship to the child which the court now respects and protects under the family code. You should be entitled to legal custody and parenting time based upon all of the above. Please meet with an experienced family law attorney to explore your options.
Answer Applies to: California
Replied: 9/24/2017
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