Of my daughter whos 7 yrs old.Just incase anything happens to me, i want him to have legal rights as her stepdad. My daughters real father smacked her across the face and left her with a bruise and the doctor said it was borderline child abuse so iv stopped him seeing her. Can my ex stop the process of giving the legal rights to my husband. ????
2006-11-22 04:10:48 · 5 answers · asked by zoe32forever 2 in Politics & Government ➔ Law & Ethics
He would have to adopt her otherwise if something happens to you the next biological parent would gain custody. And the real dad will probably fight you tooth and nail against this.
Get a lawyer that specializes in family law and have them explain your options to you.
2006-11-22 04:15:51 · answer #1 · answered by Dog Lover 7 · 1⤊ 0⤋
Laws vary by state but in general only a court can appoint a guardian & no court will do so without the consent of BOTH parents. If you want to terminate her father's parental rights your husband will probably have to legally adopt her. If you can't get her father's consent, there is such a thing as a contested adoption; but they are very difficult & therefore rare and expen$ive.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2006-11-22 14:15:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, your ex can try and stop you from giving the rights up for his child, but since it seems that he abuses her ( as in hitting her) you can take that to court and they should give your husband the legal rights easily. You just need to file a report to the police of what he is doing to her, because you will need proof of what he is doing or has done to her. If you need more questions just find a local attorney and talk to them about it. They can give you all the information that you need.
2006-11-22 12:15:34 · answer #3 · answered by angels_killed_me 2 · 1⤊ 0⤋
In order for your husband to have legal rights to your daughter, you must sever the parental rights of her real father. It is hard to do and very costly. You ca specify in a Will who you would like to care for your daughter in case something happens to you, but bottom line is, her bio-dad is her father and he could ultimately end up with full custody.
Consult an attorney. It may save you a lot of heartache in the future.
2006-11-22 12:17:24 · answer #4 · answered by Starla_C 7 · 1⤊ 0⤋
Sure he can. You need to talk to a lawyer and have the lawyer deal with Ex. He would have to sign his rights to her away and your new husband would have to adopt. I doubt the Ex will want to do this. Good luck
2006-11-22 12:14:02 · answer #5 · answered by Kathleen M 4 · 2⤊ 0⤋