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question about getting custody of a child?

My husband has a daughter who has lived with us for 7 years now and her mom has told us that we could have legal custody of her, or that I might as well adopt her.. she has been non-existant in her daughters life but we mainly want this so she could be on our insurance etc. at this time dads name is not even on the birth certificate. I was just wondering what do we have to do to make this legal? again mom is NOT contesting this.

4 Answers

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  • 1 decade ago
    Favorite Answer

    Your husband can go to Court and file a petition for custody and ask to have his name added to the birth certificate (this has to be ordered by a Judge). Once your husband has a court order for custody you should be able to add her to your insurance since you are married. Adopting is a little more tricky and you probably do need a lawyer for that.

  • 1 decade ago

    Have you called the insurance company to ask what they would want to have her added to the insurance. If the child is a dependent anyway it may not be that much in a step-parent situation. You might just have to tell the insurance company as much.

    As far as adoption goes, it should not be that hard in a step-parent situation. depending on the state that you are in. The main reason you might want to consider adoption is if your husband somehow died. Where would the daughter end up? If the husband wanterd her to be with you, that might be hard to do without adoption.

  • 1 decade ago

    Mutt gave you the right answer. You need to consult with an attorney to find out exactly what needs to be done and done properly from the get go. There's no short way around it unfortunately.

    Source(s): son of a retired Federal judge...
  • Mutt
    Lv 7
    1 decade ago

    Get a lawyer to draw up the papers and get it finalized in court.

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