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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23444
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I live in Colorado. I am filling for divorce from my wife.

Customer Question

Hi I live in Colorado. I am filling for divorce from my wife. We have a biological son together and a son I have raised since 1 years of age now six. I am the only father he has ever known. Should I file one parenting plan with both of my son's on it or separate parenting plans?
Submitted: 2 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 months ago.

Good morning. Where is the other father? Did you ever adopted the other child or were raising him all this time?

Customer: replied 2 months ago.
I never adopted him (I wanted to wait until he was older and have a choice. Didn't expect we would divorce.) I have raised him this whole time. He continues to live with me even though is mother and I no longer live together. I don't have any contact information for his biological father. I know he is not on his birth certificate but has a court order against him for child support.
Expert:  FamilyAnswer replied 2 months ago.

Thank you for the reply. Since this is comes from the same cause of action/divorce proceeding, you should be able to include both your son and stepson. As you shared, you are divorcing your wife/mother of the step child, so this should be addressed. Visitation rights may be awarded to a stepparent, if the child’s parent and stepparent divorce. Whether a stepparent will be awarded parenting time depends on the nature and extent of the relationship between the stepparent and the child. Courts recognize that sometimes, it could be detrimental to the child to sever the link between the child and the stepparent. Based upon what you shared above, that appears to be the situation here, as you have raised the child over the past 5 years and he lives with you and your the only father he has known.

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