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Can Non-Biological Parents Gain Custody in a Divorce?

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Today's families come in all shapes and sizes. When a divorce involves non-biological parents, they may wonder how custody works. Can a non-biological parent ask for custody in a divorce? Does the biological parent have a preference in custody over a non-biological parent? Our Charlotte custody attorneys explain.

Can Non-Biological Parents Gain Custody in a Divorce?

Yes, non-biological parents can gain custody in a divorce. The law has no preference for a parent depending on whether or not they are the biological parent. In cases of same-sex couples or cases of adoption, the parents have an equal right to request custody of a child without any preference based on biological status.

However, step-parents have no right to custody unless they have formally adopted their stepchild. Non-biological parents can gain custody in a divorce as long as they are the legal parent of the child.

Do biological parents have a preference for child custody during a divorce?

No, biological parents do not have a preference for child custody during a divorce. The court considers many factors when they determine child custody. Who routinely provided direct care for the child up until the divorce is one consideration, and there are many different factors that the court considers.

However, one thing that the court does not consider is the biological relationship between the parent and child. As long as both parents are legal parents to the child, biology doesn't play a role. There is no biological preference in custody just like there is no gender preference in custody.

Custody and non-biological parents

A non-biological parent can win custody of a child. However, it's important for them to carefully prepare their case. They must show the court why they should have custody of the minor child. An experienced attorney can help you understand what the court needs to see and what evidence can help you win your case. The skilled family law attorneys at Rech Law, P.C. can help you fight for custody.

Contact the Charlotte family law legal team at Rech Law, P.C. today at (704) 659-0007 to talk about your case.

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