[Annie Gutierrez]

Can the biological father of my 2 year old son put child support on himself or try to get custody of my son, if he was never their for him? And is involved in a gang and does drugs and drinks?


Can my husband adopt my son without his permission?

[Starbucks21]

By technicality he is the father but you'd have to go to a judge and claim he's a unfit dad in order to take any custody rights away

[Starbucks21]

I also suggest a good lawyer

[stevetcg]

No, your husband cannot adopt without his permission unless you were able to get the biological fathers rights terminated. Unless he goes to prison this is pretty unlikely. If he is showing interest in being a father to his child it is a hard fight to convince a court to terminate his rights. That is a permanent thing and not one they take lightly.

YOU can go to court and have him put on child support. The father would then have to go and request visitation. The possibility of getting rid of child support payments convinces a lot of less than stellar parents to give up their rights in order for their child to be adopted my the other parent's spouse (step parent adoption)