Hello, I have a question about parental rights. I got divorced about 5 years ago, and in the divorce, I was awarded sole legal & sole physical custody of my daughter. My question is, if my new husband wants to adopt her, can he with only my consent? When I was awarded sole custody, does that mean that her biological father has no parental rights? (we are in the process of filling out stepparent adoption forms).
thanks!
Answer
No. Child custody orders can be modified at any time there is a change in circumstances up until the child turns 18. Therefore it is VERY different from a termination of parental rights.
Answer
The child has a right to a relationship with the bio father unless terminated by the court. Your current visitation plan controls contact between father and child. Step parent adoption requires a parental right petition to terminate and a step parent adoption petition. This area of the law is complicated. Please meet with an experienced family law attorney to explore your legal options.
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