Q: can the guy my son calls dad adopt
my son is 4 years old the guy he calls daddy has been his dad since he was 6 months old. we are no longer together but we still want to proceed with adoption. my sons biological father hasnt been in his life and the judge put abandonment on him during our custody battle 3 1/2 years ago.
A:
The biological parent will need to be notified of the adoption, and the adoption will eliminate the parental rights of the biological parent. The adoptive parent will then stand in the place of the biological parent for the purposes of child support responsibility, inheritance (both ways), and will have equal standing in child custody disputes with you.
The hiccup, in your case, would be that the two of you are no longer together. Many judges would hesitate to grant an adoption between parties whose existing relationship is likely to result in a dispute, and many jurisdictions require that both of the adopting parties be married, which your post suggests that you are not.
I would recommend giving a local adoption attorney in your jurisdiction a call. Many lawyers offer free consultations, and they may be able to guide you through the necessary changes to your existing lifestyle that would be required to effectuate an adoption.
A: If the child would be adopted by a person other than your spouse (step-parent adoption), your parental rights would be terminated along with those of the biological father.
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