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Custody question

  • 18-03-2014 12:43pm
    #1
    Registered Users, Registered Users 2 Posts: 11


    Hi there,
    I've been asked to advice someone on the following situation and my family law is a bit shaky..

    so couple are married and have 1 kid.
    They then separate but not divorce and have joint custody of the kid.
    The wife then has affair and has second child with another man.

    The other man has since passed away.


    Now the 2 children are living with the mother and father in same house and father has been taking care of the child for 1 year.

    The mother has been heavily drug using and the father wants to apply for sole custody of the children.


    What is the situation of the second child - not biologically of the father (biological father dead) - will the welfare of the child rule that the child should stay with the father?


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