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RBinJax, Attorney
Category: Legal
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Experience:  Attorney for 28 years. Personal injury, Social Security, family, work comp, criminal trial practice.
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my son married his childhood sweetheart after they each married

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my son married his childhood sweetheart after they each married other people. they had a child together when they were in high school. my daughter in law has three other children. my son is in the army stationed at fort story he has been in 13 years my daughter in law is in the reserve about to be deployed to iraq. they want a divorce. for the last 10 years my son has been dad to all of them. he loves them. her ex and her have continuing custody from the state of texas. can my son sue for custody of the children who are not his biologically? he is the one who has cared for them the last 10 years. also the last 2 years she has been gone alot in her reserve unit and my son always has them not the biological father help
Submitted: 7 years ago.
Category: Legal
Expert:  RBinJax replied 7 years ago.

I am sorry that your son, you and the children are having to go through this. Unfortunately, with the mother and the biological father of the children both living, no court having determined either/both to be unfit parents, and there being a custody order already in place, he is not going to be able to get custody of those children. His claims end with the divorce, except that he may consider petitioning the Texas court to allow a continuing relationship between his child with the mother and her children since they are half siblings.

I have a stepson myself, who lived with us as he grew up, and can appreciate the love that grows up in these circumstances, but there is no legal basis for your son to have custody of children who are not his. Had the biological father been out of the picture and your son adopted the children it would be different, but as things stand, he has no grounds to gain custody or even visitation if opposed by the mother and/or biological father based upon the information in your post.

I wish I could tell you something happier, but hope this information is useful. Please click Accept so that I may be credited for my assistance. Thanks you and good luck.

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