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How do I confirm my spouse has legal custody?

October 25, 20251 min read34,000+ families helped

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Being the child's legal parent does not automatically mean your spouse has legal custody. Your spouse likely has legal custody if:

• They have a court order granting them sole or joint custody from a divorce or custody case
• They share joint custody with the biological parent, but the other parent has voluntarily agreed to let them have primary physical custody
• The child's other legal parent is deceased, making them the sole custodian by default
• The child's other legal parent has lost parental rights through a court order
• The child was born outside of marriage, and there is no court order granting custody to anyone else—meaning they have default custody as the biological parent

If you have doubts or legal complexities regarding parentage or custody rights, it's recommended to seek legal advice before filing for adoption.

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Content last reviewed: January 2026