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Rights of Step-Parents

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a25isha

Junior Member
What is the name of your state (only U.S. law)? Virginia
Hello,
I have legal and physical custody of my son. His father is not an American citizen and lives in Austria. I will be remarried in June of 2015. My fiance' would like to adopt my son. Is that possible while his bio-father maintains his parental rights? If not, what legal rights (if any) would my soon to be husband have in regards to my son.

Thanks,
Aisha
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Virginia
Hello,
I have legal and physical custody of my son. His father is not an American citizen and lives in Austria. I will be remarried in June of 2015. My fiance' would like to adopt my son. Is that possible while his bio-father maintains his parental rights? If not, what legal rights (if any) would my soon to be husband have in regards to my son.

Thanks,
Aisha
See an attorney. While I don't think there's any way your ex can successfully challenge a stepparent adoption you really do want to run this by an attorney first to discuss what is and isn't needed when a parent lives outside of the country.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Virginia
Hello,
I have legal and physical custody of my son. His father is not an American citizen and lives in Austria. I will be remarried in June of 2015. My fiance' would like to adopt my son. Is that possible while his bio-father maintains his parental rights? If not, what legal rights (if any) would my soon to be husband have in regards to my son.

Thanks,
Aisha
Has paternity been established?
do you have a child support order? Is there a visitation order in place? When is the last time that father paid child support? Had contact with his child?
No, it is not possible for an adoption to take place and dad retaining his rights. A stepparent would have no legal rights.
 

LdiJ

Senior Member
See an attorney. While I don't think there's any way your ex can successfully challenge a stepparent adoption you really do want to run this by an attorney first to discuss what is and isn't needed when a parent lives outside of the country.
Wait a minute. Just because he lives in Austria doesn't automatically mean that he is completely uninvolved in his son's life. He could be uninvolved, but there is just as much chance that he IS involved.

I think its more likely that he is since mom wants it both ways...dad to maintain his rights and new hubby to adopt.

Aisha,

You cannot have it both ways. Either dad gets to maintain his parental rights OR your husband gets to adopt the child. If dad is involved with the child at all his parental rights are not going to be terminated so your husband can adopt. Your husband will not have any legal rights regarding your child.
 

Zigner

Senior Member, Non-Attorney
I don't think the OP worded the post very well. I don't think the OP wants the father to retain rights after an adoption. I think the OP means to ask if it will it be possible for the step-father (to-be) to adopt even in light of the fact that the father currently retains his parental rights.

Of course, I could be wrong.
 

Proserpina

Senior Member
Wait a minute. Just because he lives in Austria doesn't automatically mean that he is completely uninvolved in his son's life. He could be uninvolved, but there is just as much chance that he IS involved.

I think its more likely that he is since mom wants it both ways...dad to maintain his rights and new hubby to adopt.

Aisha,

You cannot have it both ways. Either dad gets to maintain his parental rights OR your husband gets to adopt the child. If dad is involved with the child at all his parental rights are not going to be terminated so your husband can adopt. Your husband will not have any legal rights regarding your child.
It's too early in the day for me to guess Mom's motives but there is at least one way she can get what she wants (more or less).

Would be rather splendid if she came back though.
 

Proserpina

Senior Member
I don't think the OP worded the post very well. I don't think the OP wants the father to retain rights after an adoption. I think the OP means to ask if it will it be possible for the step-father (to-be) to adopt even in light of the fact that the father currently retains his parental rights.

Of course, I could be wrong.

That was my read of the situation, too.
 

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