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STEP PARENT DIVORCE LEGAL RIGHTS

OnTheFence92's picture

My girlfriend is currently filing divorce from her ex wife. Before the two married, my girlfriends soon to be ex wife, cheated and got pregnant by a man. Again, this happened before they got married. My girlfriend stuck around and took the baby in as her own and has been taking care of him, his whole life, for 4 years. They got married years after the kid was born. Now that they are in the mist of getting a divorce, her soon to be ex wife will not allow her to be in his life. Will no allow my girlfriend visits, she is now having another women “raising” him. My girlfriend has NO LEGAL ties to the boy. No custody, no rights, nothing. So there’s not much she can do. 

My question is, there are two forms of paper to file for divorce. One with children/custody and one without children/custody. My girlfriend wanted to take her chances and file the divorce with children/custody, even though she doesn’t have custody/rights.. Not to mention the biological father hasn’t been stripped of his rights, even tho he hasn’t been in the picture. We spoke to someone at the court house and they’ve said that she wouldn’t be able to file that specific divorce paper before of that reason. But again, she’s adamant on doing so. She says the worse she can get is a “no” from the judge. How successful would she be in filing divorce papers involving a kid that’s not biological or legally hers? Would she get custody or will it be a flop? We live in Nevada, by the way. So each state is different. 

OnTheFence92's picture

We spoke to someone at the court house and they’ve said that she wouldn’t be able to file that specific divorce paper BECAUSE of those reasons*. 

Cbarton12's picture

I really dont think she has any recourse. That child is not biologically hers and she never adopted the child so..

Petronella's picture

If she files for divorce using the wrong set of forms, the court or judge or magistrate will probably just reject it and she’ll have to start all over again. Wishing she were this child’s legal parent doesn’t make it so. Your girlfriend needs to face facts. She should have tried harder to have her then-wife get the father’s rights rescinded, and adopted the child when she had the chance. 

Her best bet now is to try to come to an informal agreement with her ex to allow for some visitation with the child. It would be good for the child not to lose touch with his parental figure. 

The silver lining is, she can’t be ordered to pay child support.