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    dec.shines's Avatar
    dec.shines Posts: 1, Reputation: 1
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    #1

    Sep 22, 2010, 10:33 AM
    Rights of step-father vs biological father upon mothers death.
    I would like to know if there is any way in which I can assure that my 7 year old son will remain with my husband if something were to happen to me? Biological father is in military and has paid child support as ordered, he has not made any effort in the last 3 years to contact our son and before that it was minimal at best (we were divorced 3.5 years ago legally but he left when our son was 2 with his mistress). My husband has been "daddy" for 2 years and has been in my sons life since he was 3. This is the only family he has really known, I am certain that the biological father would not want to relinquish paternal rights over his ego. I want to know what I can do to ensure that if something were to happen to me that he would not be torn away from the only family he has really known.
    Thank you for your time.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Sep 23, 2010, 11:29 AM
    Quote Originally Posted by dec.shines View Post
    I would like to know if there is any way in which I can assure that my 7 year old son will remain with my husband if something were to happen to me?
    Legally-not.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 23, 2010, 11:39 AM
    Quote Originally Posted by dec.shines View Post
    ... Biological father is in military and has paid child support as ordered, he has not made any effort in the last 3 years to contact our son and before that ...
    Depending on what state you are in, consent of the father to adoption might not be required if it is determined that he has "abandoned" his child.
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