Question:
Can a husband assert custodial/visitation rights regarding a stepdaughter in the context of a divorce action (i.e. including an in loco parentis count in a Counterclaim) OR would he be required to file a separate FD action?
Background Facts: Husband is the biological father to 2 year old daughter with Wife. Husband is also stepfather to 4 year old stepdaughter who he has helped raise since she was 1 year old. Husband has extremely close bond with stepdaughter and would meet all criteria for in loco parentis standard. Stepdaughter has never met or spoken with her biological father (who is MIA in SC) and has always called Husband "Dad"
Parties have been together since Sept 2010. Lived together since September 2011. Parties only married in April 2013 and separated in May 2014 (Wife abruptly kicked Husband out of home). Husband has continued to see both children since separation.
Wife filed a FD custody Complaint in June and just filed a Divorce Complaint in July 2014. I filed a Counterclaim for custody in FD action in mid-july on Husband's behalf asserting custody rights to both children (biological and stepdaughter). Temporary custody/visitation rights hearing in FD action was yesterday. As soon as Judge heard divorce complaint wad filed, Judge quickly terminated FD hearing without hearing any testimony or being presented any evidence.
I am thinking I should request that Judge to amend dismissal order to provide that custody claims are merged into FM action for further proceedings.
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Blake Rush Esq.
Easton PA
(610)258-4003
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