Q: I've had custody of a child for 3 years now and I want to adopt him. Is that possible without taking father's rights?
I've had him since he was 3 weeks old, the mother has NO contact, and he see's his biological father on weekends. BUT, the bio dad has not established paternity with the state, and only the mother is listed as a parent on his birth certificate. Would I be able to adopt him with the father still being in the picture?
A: Most likely not with the father in the picture. You can certainly try….but it may be more difficult depending on dads involvement or lack thereof.
Kristin Michelle Russell agrees with this answer
A: I agree with Mr. Denison. You would have to terminate the birth rights of both the mother and father through an adoption. Although father may not have legal rights to the child, his actions demonstrate that he may be considered the putative father of the child.
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