For the past two years my child's father has taken care if them while I was going through a hard time, and now that I've been back in my children's lives for over a year now, they come and stay with me over the summer and I take care of them in all aspects but their father won't hear of them coming to live with me. Even though I am capable and willing .. And even though my kids want to live with me. But he tries to act as if I have no rights to them and what I say don't matter. How do I go about getting split custody or joint custody of my children. Because its to my knowledge that children under a certain age their preference doesn't count. Also my daughters father isn't the biological father of my son,but he has taken care if him ...does that matter in custody cases? And what,are my options?
1 Answer from Attorneys
You need to discuss all of this with a family law attorney. You can go to court to request more time or that the children live with you. A judge may listen to what a child requests as far as who the child lives with, but the child does not get to decide. The issue of the father not being biological could be complicated but it depends on the facts and a consultation with an attorney is needed.