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Rights of a Step Parent

My Husband and I are getting a divorce. We have a 1 year old son and also my step son who is 5. His son has lived with us since he was 2 and has minimal contact with his mother. My husband has Full Custody. The question is what are my rights when we divorce? who does my step son live with? what is his father wants him to stay with me and his brother? I know my husband believes this is what is best for him. Does he as the custodial parent have the right to determine that? Do I have visitaion rights? will he see his brother? What do I do?

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Sorry about your situation, but unless you have formally adopted the child, you cannot simply take custody of the child.  Presumably, your husband has custody pursuant to a court order issued in his prior divorce.  When you go to family court, the judge will have to consider the wishes of the child's mother.  Courts in Massachusetts will always focus on the best interest of the child in custody matters.  So, if the child's mother is out of the picture, perhaps something can be arranged, possibly involving an adoption?  In any case, this issue in not something I have dealt with before, so perhaps you should talk to a family law attorney and let her walk you through the possibilities. 

However, even if you do not get custody, it sounds like you and your husband are focused on what is best for the child.  Under those circumstances, I don't see why visitation will be an issue.  Good luck.

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