I had 2 children by the same person before I met my husband. We met when my second child was 6 months old and my other child was 2. The bio dad is on both birth certificates but has not been around since we broke up. There is no child support being paid and no visitation. Oldest child is now 10 and youngest is 8. Bio has seen them twice since the youngest was 6 months. I tried talking to him (bio) but we just argue because he wants to come into their lives at his conveinence and I won't have it, I told him to take me to court if he wants to see them so I can make sure he is consistent. He refuses to go to court because he doesn't want to pay child support. I had another son and daughter with my husband and in our house everyone has the same mother and father. I have been thinking lately that if something happens to me - what will happen to our two boys. I don't know where bio is and I doubt very seriously he will give up rights voluntarily. I thought since my husband and I are married he would automatically get custody of them because of marriage, I have read some posts and some say possibly. Is there anything I can do besides getting him to sign over his rights to ensure my boys stay with hubby. Hubby has not adopted boys.

Your present husband does not automatically get custody of your children from the other man. Your ex has to give up his rights and your present husband has to adopt.

Nope. You husband will have to adopt. Otherwise he has no rights to the children. If something should happen to you their legal father (who is currently the bio father) could get custody.

Since the bio father is afraid of being ordered to pay support, then YOU should go to court and apply for support. You should have done this from the beginning. But do it now and when he cries foul tell him you will withdraw the request for support if he agrees to let your husband adopt the children.