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Nov 29
1999
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Ask a Lawyer: Step Child RightsPosted by Dads Divorce in Visitation , Parenting , MA , custody , child custody , Ask A Lawyer , adoptions |
Question:
I am currently separated, and have a daughter and a step-son. I am the biological father of my daughter, but not my son. His mother and I are on fairly good terms, and his biological father is believed to be deceased. He is ten years old, and I have raised him since he was 4 months old. I have been separated for over a year, and both children have lived with me and continue to do so. What can I do to have legal rights to my step son? Is adoption the only option, or are there others? Can I adopt him even though I am no longer with my wife? Can I adopt him after my wife and I divorce? Any help would be appreciated. I live in Massachusetts.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Massachusetts. You can only have legal rights to him if you get a step-parent adoption. Otherwise, in general, you have no rights to the same. You can still do the adoption if she is willing to do so in most jurisdictions. You should check in to this prior to going forward with divorce.
