QUESTION
Can someone file papers to become a stepdad (parent) without being married to the mom? (Special circumstances apply)
Asked on Mar 02nd, 2013 on Child Custody - Arizona
More details to this question:
I am wondering if papers can be filed, to give my boyfriend who is constantly referred to as my kid’s stepfather, to be a legal guardian. My daughter was in a car wreck in Jan, he has not left her side except to return home during the week to keep my other two boys (5 and 16) in school and back on weekends. No one really knows that we aren’t married but he is the one when asked to sign papers or take the boys to the drs that he isn’t legally the step dad. But he full fills a dads role. We both have had rough past marriages and feel we are married in our hearts, and a piece of paper just adds problems. In our situation yes be nice to be married because the FMLA would apply to him. Myself and my daughter have been in the hospital for 2 months went from 2 hours away from home to now 5 hours away. No sure if a power of attorney would work or what (if anything) would apply. (He has used all 3 weeks of vacation on being with us in the beginning)
4 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your best bet is surely to end your prior marriage, and then try to get the biological father to terminate his parental rights. Marry the Right Guy, whom you seem to have found, and then he can adopt the children. You could try to have him appointed a legal guardian of the children, but it is unlikely to succeed.
Answered on Mar 05th, 2013 at 9:01 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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There is no legal status of "step-parent". Whether you are married to your boyfriend or not he doesn't have any legal status relative to the children and there isn't anything you can do to change that. If you get married he would be able to file for an adoption of the children that would make him the legal father. You can delegate certain authority to him now by power of attorney, but that doesn't create any legal relationship to the children.
Answered on Mar 05th, 2013 at 9:00 AM
John Arthur Smitten
He has no recourse as the boyfriend, you have to marry him then as the stepfather he would have greater rights. In the alternative you can file for guardianship.
Answered on Mar 04th, 2013 at 11:04 PM
He cannot adopt the child unless he is a legal stepparent.
Answered on Mar 04th, 2013 at 10:54 PM