Custody Of Non Biological Children

Summary

To seek custody of non-biological children in California, file a petition in family court, demonstrate a significant relationship, and highlight the childrens preference. The childrens age and preference can be influential, especially if the biological parents are not in the picture. Consider consulting a family law attorney for guidance.

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California.
To seek custody of children who are not biologically yours in California, you generally need to go through a legal process that might include:
- Filing a petition for custody with the family court.
- Demonstrating a significant relationship with the children.
- Proving that giving you custody is in the best interest of the children.
Are you currently the legal guardian or have any formal custodial relationship with the children?
I have never had custody. They are my stepchildren and their biological father passed away.
To seek custody of your stepchildren in California, you might consider the following steps:
- File a petition for custody with the family court.
- Show a significant relationship with the children.
- Prove that giving you custody is in the children's best interest.
Do you have any existing legal guardianship or support from the children's biological mother?
No, the mother lost her parental rights. The children are over 14 years old and they are asking for me to take them.
To seek custody of your stepchildren in California under these circumstances, you should:
- File a petition for custody with the family court.
- Highlight your significant relationship with the children.
- Emphasize that custody with you is in the children's best interest.
- Note that the children’s preference, given their age, can be influential.
Are you currently in contact with a family law attorney?
Yes
With the biological father having passed away and the mother having lost her parental rights, your situation seems strong for seeking custody, especially given the children's preference.
Here are the steps you should consider:
- File for custody in family court.
- Demonstrate your relationship and why custody is in their best interest.
- Emphasize their preference due to their age.
Is there a specific concern or question you have about this process?