Can A Stepfather Have Custody Of My Son

[pollyp00]

my mates ex partner remarried, both my mate and his ex had joint custody of there 14yr son now the stepfather now wants custody as they have spit up ,the mother wont give up custody neither, the boy is at the moment staying with the stepfather, so would the stepfather be able to do this, much appreciated for any comments.

[daffy654]

At age 14 the courts would take into account the opinion and wants of the child concerned. If the 14 year old wants to stay with stepdad there must be a reason for not wanting to go back to mum or dad.

[EDDIE51]

Nothing we can do apart from telling your mate to get in touch with a solicitor who specialises in family law.
This will be decided by the family court who will look at all sides investigate and talk to all involved including the child. Children over 10 are asked what they want to happen and the court will take notice of what the child wants.
The overwhelming factor is what is in 'The Best Interest of the Child' in other words whatever is best for the child is what the court will order to be done.

[pollyp00]

thanks very much eddie and and daffy will pass what you both said on to my mate

[EDDIE51]

Just to add it will be better and cheaper, ( courts and solicitors cost a lot of money) , if the stepfather and mother can get together and with the child find a sensible arrangement between them. At 14 the child is going to have a very good idea as to what he wants, if it went to court the court would almost certainly go along with what the boy wants to happen.
Remember it is always the child who is the most important the other adults wishes are secondary.
The child's education will be the vital factor here , at 14 he is very near to taking exams and a change of school would almost certainly harm his chances. Continuing his education uninterrupted would be almost certainly what a court would order unless there was a VERY urgent reason to move him.

[tonywiltshire]

The legal position will be who has parental responsibility, the birth Mother has PR as of right but the birth Father and step Father may not and as EDDie say the wishes and wellbeing of the child is paramount.

[EDDIE51]

tonywiltshire The 'rights' very much take second place , as you agree, the paramount concern is the 'Best Interest of the Child'
It may well be that the child continuing to live with the stepfather will be deemed to be in the child's best interests. We do not know enough to advise further.

[pollyp00]

thankyou very much for all your comments