Have Legal Questions? Ask a Lawyer Now.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).