Legal Question in Family Law in Texas
stepfather trying to take child
can a stepfather be allowed to take a child from his mother
if the child has not been adopted by the stepfather?
and the child still carries the biological father's last name?
2 Answers from Attorneys
Re: stepfather trying to take child
Under California law, unless there is a finding that the mother is unfit for custody or consent of both parents, it is highly unlikely that a court would grant custody to a step father. Good Luck, Pat McCrary
Re: stepfather trying to take child
If the child resides in Texas, it would be best to contact a Texas attorney. As a general rule, however, it is unlikely that a step father could obtain custody. If neither of the biological parents are fit to care for the child, the child would probably become a ward of the state and put into foster care.
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