Asked on Nov 11th, 2014 on Child Custody - Pennsylvania
More details to this question:
My fiancé and I have been together two years and is the only father my son knows. His biological father abandoned him 3 years ago but was transferred to the state we live in through extradition by incarceration. I recently found out he may be getting out December 11th and I'm worried about him trying to get my son. My fiancé and I were planning to get married very soon he was going to adopt my son. I don't think my ex can just swoop in and get my son because he doesn't know him but still I'm a bit worried on the situation at hand. Is it possible to have my fiancé adopt my son without marriage or not? I have full custody until my ex is released I'm super stressed because lawyers around here want 2000 dollars or more to be a lawyer and 200 for a consultation, we cannot afford that. I'm very worried about this my ex was a horrible abusive person in the past I just can't handle the stress of not knowing what to do.
You should shop around for a better price. The step parent adoption will only work if a) you marry your fiance, and b) the biological father agrees to the adoption by signing a voluntary termination of parental rights. You need to look at your custody order and determine what happens when father is released. Does he have any visitation rights automatically or does he have to file. If he has to file, you could wait and see if he actually does. If you fear he will come and steal the child, which is unlikely if he is on parole, got to motions court and get a temporary custody order.
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