QUESTION
Does my husband have any rights if the stepfather wants adopt my husband’s son?
Asked on Mar 08th, 2013 on Child Custody - Oklahoma
More details to this question:
My husband pays child support and he has never been late. He even covers the child on insurance. His job requires him to be out of state or country. It has been 3 years since he has seen his son.
6 ANSWERS
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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Your husband has the right to contest any adoption, especially since he is remaining responsible for support and insurance of his minor child. However, it is extremely advisable that he VISIT his child, or write to him, or somehow show that he cares about being a father, no matter how busy he is with his job.
Answered on Mar 11th, 2013 at 9:20 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes, and an adoption won't be processed without his approval and agreement to terminate his parental rights. His child support will stop also.
Answered on Mar 11th, 2013 at 8:41 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He does not have the right to just adopt the son. If there is no abandonment and no agreement then the stepfather will have a tough time. Make sure to contest the adoption.
Answered on Mar 11th, 2013 at 8:31 PM
Under the terms you have described, it does not sounds like the biological father has "abandoned" the child under the legal definition. This means that the stepparent could only adopt the child if the biological father consents to the adoption.
Answered on Mar 11th, 2013 at 8:29 PM
John Arthur Smitten
If he pays support in a timely manner you are not going to be able to terminate his rights unless he agrees to do so in writing.
Answered on Mar 11th, 2013 at 8:29 PM
Your husband retains his parental rights to his child from a prior marriage unless his rights are terminated by the court, either against his wishes, or with his consent. It is good that he recognizes his financial responsibilities, and meets them. Perhaps he can make time to reconnect with his son as well, if that is what the aprties desire and is not precluded by any prior orders of the court.
Answered on Mar 11th, 2013 at 8:26 PM