What you would file depends greatly upon what the FD Order states.
Truth be told they should BOTH be filing for something......for adoption (or for psych parentage)...something that solidifies their rights....and it's very likely you should be noticing the bio parent(s) on any custody proceedings if there wasn't an actual TPR (which it sounds like there wasn't).
Jo
Jodi Argentino, Esq.
Partner
Guston & Guston, LLP
(201) 447-6660
Original Message------
Lesbian couple. Neither is biologically related to the kids. Bio mom signs kids over (then 1 and 3 years old) to Partner A in 2007 (simple FD order, not adoption). Bio dad has no involvement.
Kids live with Partner A and her Partner B for 9 years. Partners break up. Partner A moves to Philadelphia and says she's going to come and take the kids. Partner B retains me - OSC being filed Monday.
Since Partner A is not a "biological or adoptive parent", am I correct that it's a straight best interests evaluation, that Partner B doesn't have to jump through the hoops of showing she's a "psychological parent" to the kids?
(You can't make this stuff up).
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David Perry Davis, Esq.
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#FeelTheBern
www.SwitchToBernie.org
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