Legal Question in Family Law in Alabama
Step-parent adoption and rights of the biological father whom was never married
I have a 3 year old and her father and I were never married, never gone to court for anything and he is not on the birth certificate. Althought he has been seeing her since she was born and in the past 2 years pays me child support and gets her once a week. I have recently gotten married and her step-father has been with us since she was about 8 months old. My concern is what king of parental rights as a step-father does he have,(i.e if she needed medical attention and I wasn't able to give concent could the step-parent.) Also, if he was interested in adopting her how hard would it be for him to do that since the biological father has never legally established paternity, or has he by just seeing her. I would be grateful if you could give me an idea of what to do.
1 Answer from Attorneys
Re: Step-parent adoption and rights of the biological father whom was never marr
parentage is determined by a court order when the facts are as you have detailed. in order for the step father to adopt he would have to have the consent of the biological father. in order for the biological father to give his consent he would have to have is paternity determined by a court (probably based on a blood test or consent). you need to consult an attorney on this matter so the action you take will be only after a complete evaluation after review of all of the facts.