My daughter, who is 5, lives with me and her stepfather. Her biological father lives across the country, pays child support, but rarely sees her. My mother has been part of my daughter's life since she was born. Should something happen to me, it is obviously in the best interest of my daughter to be with either my husband, who is her "daddy", or my mother. Is there an easy way to make it so that she stays with one of them, or will her biological father have to sign over his parental responsibilities so that my husband can legally adopt her? Do courts look at situations like this and determine the child's best interest outside of biological parents?
2006-12-04 05:42:23 · 22 answers · asked by Leah B 2 in Politics & Government ➔ Law & Ethics
The father would have to sign over his rights unless he was proven unfit.
Coach
2006-12-04 05:49:48 · answer #1 · answered by Thanks for the Yahoo Jacket 7 · 0⤊ 0⤋
The general rule is that a court will always use the best interest of the child standard. With that said, a biological parent has a strong claim over that of a non-biological patent. If your husband has legally adopted her that would be helpful. In addition, your daughter has no probate rights in your husband's estate if no will exists unless she has been legally adopted. It would be a good idea to check with a family attorney in your jurisdiction, as family law is governed by states and not federal law.
2006-12-04 13:49:54 · answer #2 · answered by goldsteinandclegglaw 2 · 0⤊ 0⤋
Well, I am not an expert and I probably don't live near you, but where I am from (BC,Canada) if the custodial parent where to perish, the child in question would go and live with the biological father UNLESS, he were to sign away all parental rights. I do believe that once this is completed, you need to speak to a lawyer on this but I think now all you would need to do is write up a will. And included in it you should stipulate where you would like the child to reside. Like I said, I am not a professional when it comes to this sort of thing, but I want you to at least have an idea. Good luck with your endeavours! Merry Christmas
2006-12-04 13:50:35 · answer #3 · answered by Silver Surfer 3 · 0⤊ 0⤋
If her father signs off his rights, he is no longer obligated to pay child support. But if he does it now, your husband can legally adopt her now and you wouldn't have anything to worry about if something happened to you. If you still want the support, you may want to make a will and discuss this with her biological father. After all, he is paying support and has the right to know what is going on.
2006-12-04 13:51:35 · answer #4 · answered by Suga 3 · 0⤊ 0⤋
The easy way to do it is to have the biological father sign over his parental rights and responsibilities. Keep in mind that this will mean that he will not have to pay child support.
Of course, there is always the chance that he says no, and if he does, it will be his right to take the child with him should anything happen to you. You cannot overtly say, for instance, that if you die the child will automatically go to them, absent his consent.
2006-12-05 23:20:16 · answer #5 · answered by John F 3 · 0⤊ 0⤋
Best bet. Living will. Parents in this type of situation really need to settle this BEFORE the person(s) pass away. The courts turn ugly and take forever, and tend to have no real coercion between. Some say the Biological parent, some say the step-parent, and others will say the grand parent. Like I said, you should make the arrangements before you have to let some judge that isnt familiar with your family make it for you.
2006-12-04 13:47:39 · answer #6 · answered by zebj25 6 · 0⤊ 0⤋
The biological father would have to sign over his parental rights to have your new husband be able to adopt her.
It sounds terrible to even point it out, but at that point, you would have to give up the child support he is currently paying you.
2006-12-04 14:08:01 · answer #7 · answered by elysialaw 6 · 0⤊ 0⤋
The biological father will get her unless something is done before anything happened to you. I would ask him to sign over papers to your mother. My daughter and her ex did that. My 8 year old grandson lives with his mother and his step dad. An agreement was reached years ago that my grandson was signed over to me and my husband. So if anything ever happened to my daughter, we would get the grandson and my present son in law has agreed to stay in the state so he can keep all the children together. The ex and his wife will still get the 8 year old every Tuesday for dinner and every other weekend.
2006-12-04 13:55:15 · answer #8 · answered by nana4dakids 7 · 0⤊ 0⤋
All you would need the Biological father to do is sign a power of Attorney to give the "Dad" parental rights or your mother in case of something going wrong, but check with you states law in this regard... I live in North Carolina, I have a stepson who knows me only as dad, but he to had a biological father who pays child support every month, he singed the power of attorney so my son would stay with me in case of something happening to his biological mother.
2006-12-04 13:49:15 · answer #9 · answered by Alex 2 · 0⤊ 0⤋
Laws vary from state to state. I was told in the same situation that if I made a will stating who I wanted to raise my children that the courts would look into it, but there was no guarantee. You best bet would be to have her stepdad adopt her that way you are guaranteed that he has some legal rights. I personally think children need to know their biological parents no matter what. Keep in mind you exes blood runs through your daughters veins and someday will run through your grandchildrens veins. She did not pick her parentage you did.
2006-12-04 13:48:28 · answer #10 · answered by SHERRI 4 · 0⤊ 0⤋
yes, he would have to sign over his rights if your husband wanted to adopt her and if something happens to you in the mean time, I am pretty sure she would have to live with the biological father unless he did not want her. A judge would feel that was in her best interests I am sure
2006-12-04 13:45:46 · answer #11 · answered by Patricia S 3 · 0⤊ 0⤋