step parent adoption

What is the name of your state? Oregon

The situation: A father has custody of a child - he was never married to the child's mother. The child's biological mother has not seen the child since he was born. He marries a woman - she becomes the child's stepmother but never adopts the child. If the father dies or is declared unfit, does the stepmother have any legal right to pursue custody of the child?

[tigger22472]

Step mom can try but the best bet is to simply go through the adoption process so there is no question.

Of course she does. Whether she will win or not is another issue.

If you want to get this settled before anything happens to your husband, file an order terminating Parental rights and then you will be clear to adopt now.

Each state has differing requirements (here in Tennessee it's four months without contact or child support) so check with your state to see how long you have to wait before your husband (not you) files.

[djohnson]

I agree, do it now. You don't want to be in the position where something happens to dad and child could be given back to BM no questions asked or go into state care while you fight an uphill battle in courts that could be extremely expensive. File for adoption now.

[nextwife]

Absolutley. You ARE mother to this child. Make it legal so that you can always continue to be.