My son is 10 months old and he lives with me (I have full custody of him). Three months ago, paternity was established and we found out that my boyfriend, whom I've been with since I got pregnant and who has been providing support for my son, is not my son's biological Father. My son's biological Father has, still, not seen him or provided support for him, although he was ordered to. My boyfriend wants to get Legal Guardianship of my son. How would he go about doing that?
2006-08-14 07:52:01 · 8 answers · asked by sarahfdavis06 2 in Politics & Government ➔ Law & Ethics
You need to check with an attorney on this. Even though the biological father has not supported the child, he still has rights even though he has not exercised them.
You should first sue for support from the biological father. Being freed from making support payments may promp him to voluntarily give up his parental rights.
As far as your current b/f getting guardianship you'll need to consult with an attorney. Most likely he's going to have to adopt the child, after the biological gives up parental rights or they're taken away by the court. Your chances of this succeeding would be greatly enhanced if you were married.
2006-08-14 08:02:51 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
It's all fine and dandy now but if I was in your shoe, I wouldn't try to get the boyfriend involved. Not until you're married anyway.
Plus the biological father still have rights to see him. Heck, the kid is 10 months old, you're the legal parents leave well enough alone unless you're willing to terminate the biological father's parental rights and forgo the child support.
2006-08-14 09:30:30 · answer #2 · answered by El_Nimo 3 · 0⤊ 0⤋
I agree with Bostonian.... not having to pay child support should be an incentive for natural daddy to give up his parental rights.
For your boyfriend to be your son's legal father, that would involve an adoption. It would be 'easier' if you and your boyfriend were married when the court looked at the adoption issue. It would be 'easier' if the natural father relinquished parental rights voluntarily. I believe you and your son's needs would be best protected if you had an attorney. (FYI: 'easier' also means less expensive.)
It's pretty neat that your current boyfriend wants to be a father to your son. He's a keeper. Good Luck.
2006-08-14 08:17:52 · answer #3 · answered by vbrink 4 · 0⤊ 0⤋
Why don't you get married and then go to court for your new husband to adopt your son? I doubt if any court would give legal guardianship to a boyfriend since it implies a lack of commitment and responsibility.
2006-08-14 08:08:53 · answer #4 · answered by Sean 7 · 0⤊ 0⤋
Hire an Attorney and he will file papers to the court. Remember, the biological Father will have to sign the papers.
2006-08-14 08:04:38 · answer #5 · answered by skyeblue 5 · 0⤊ 0⤋
Take him to courtroom and or if your having funds issues, then wait till he takes you to courtroom for finished custody and in case you'll enable him have the baby. Then agree below particular circumstances, that you'll be able to have the baby on the weekends and vacation trips.
2016-12-06 13:01:43 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You will need to find a good attorney... and hope the birth father would sign off his rights...
2006-08-14 07:59:16 · answer #7 · answered by Tricia P 4 · 0⤊ 0⤋
get married first?
2006-08-14 07:57:11 · answer #8 · answered by garfield 2 · 0⤊ 0⤋