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her biological father has lived 3 miles away from us all her life and never see's her .his choice .i was married in aug.this year and she wants her stepfather to take care of her if i die.what are the chances her real father will get her. becouse the only reason he would is for the money he;s offerd to sell her to me on seversl occasions.well i can have her if i pay him child support back witch he has paid very little of.can she chooes who she lives with?

2007-12-26 07:04:33 · 10 answers · asked by freedom 2 in Family & Relationships Marriage & Divorce

10 answers

no, her father will not get her, courts will listen to the fact that she has not seen her father... and if the stepfather wants to be father, they will let him...

I know this for a fact... my 14 year old daughter has not seen her "sperm donor" since she was 2... and I am now married... to a wonderful man whom she calls dad... if something were to happen to me, she would not go with her sperm donor, but would stay with her dad now... and her brother that I have had with this man, and her sister that I had from someone else...courts will not tear apart siblings...

even still, she would not go w/ her sperm donor, the courts would let my husband have them... =)

2007-12-26 07:11:53 · answer #1 · answered by elvlayarvvi fEisty wife and mom 6 · 0 0

She will be able to present her preference in court, should the need ever arise. She is at the age where the courts are very willing to listen to her, and she has the right to ask to have her wishes remain private, between just her and the court, because she is a minor. Her dad will never need to know what she said. Put your wishes for her on paper, too. Even if your husband can not adopt her legally, your desires for her will be clear. Make a list and update it frequently. Such as:
Husband practices our religion, father does not
Father missed her birthday, Husband participated in party
Husband drives her to school/practice/friends, father doesn't
Husband's family is daughter's support system, father's family has followed his lead and isn't a part of her life
Husband spends quality and quantity time with daughter, father neglects daughter by being absent
Good Luck

2007-12-26 07:18:02 · answer #2 · answered by judy y 3 · 1 0

The DNA Father, as we'll call him, has to sign over his rights, sad to say... As for paying him back... he needs to get real.

I sure hope nothings happens to you before she turns 18, but I would ask a lawyer if you can draw up something in a will that will state he should take care of her since the DNA Daddy isn't around or helping. Good luck to you!

2007-12-26 07:21:24 · answer #3 · answered by Beatngu 6 · 0 0

Does the child's biological father realize he can lose his license and face jail time for non payment of support? I'd start action to have his wages garnished and THEN ask if he'd be willing to sign away his rights... Don't pay the jerk back a dime!

2007-12-26 07:52:21 · answer #4 · answered by Anonymous · 0 0

The only way her step father can get custody of her if you die before her bio father is if bio father signs away all parental rights, that also means no more support from him, and her step father adopt your daughter. She doesn't get to choose who she will live with since her step father is not a blood relative.

2007-12-26 13:31:10 · answer #5 · answered by Anonymous · 0 0

He as the biological father has every right after you pass if it happens in the next 4 years (doubtful unless you are ill at the moment) to immediately take custody of her - you can, stipulate in your will that you want your current husband as her guardian - so that he can take your ex to court for custody, but legally, she doesn't have the right to choose.

2007-12-26 07:11:59 · answer #6 · answered by allrightythen 7 · 0 0

Been there.....My first husband passed away and I made arrangements with my family to take the children after I die....but since then I got married to someone special and my family is going nuts.....

Your ex Will get the child unless you dissolve all rights.....allow your new husband to adopt the child....

2007-12-26 07:22:16 · answer #7 · answered by Been There Done That 6 · 0 0

You need to have her biological father sign his rights away so that your new husband can adopt her. Then she will have some security.

Otherwise, she would go to her biological father.....

She's asking you to make sure she is safe. Do it!!

2007-12-26 07:09:06 · answer #8 · answered by lady_phoenix39 6 · 1 1

Lots to learn their lady. Unless you're really sick then don't worry about it.

2007-12-26 07:11:05 · answer #9 · answered by Anonymous · 1 1

This is what you pay lawyers for.

2007-12-26 07:41:32 · answer #10 · answered by Quasimodo 7 · 0 0

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