Legal Question in Family Law in Canada

Re: Responsibility of Step-father

Remember that my state�s law might differ from your state law. Double check with an attorney.

If you and your boyfriend get married, he will be your children�s step-dad. Your remarriage

doesn�t terminate bio dad�s obligation to pay child support your three kids are still his children, not step-dad�s. If you die, the 3 children�s bio dad stands to automatically gain custody. [However, step-dad might argue that it's in the 3 children's best interest to reside with him and their two step-siblings because they have a very close bond with the step-sibs and you, and that it would be detrimental to their emotional well being for them to leave your home.] Step-dad would not pay child support because those 3 are not his children.

If step-dad wants to adopt, then step-dad petitions the court and either moves the court to

terminate bio dad�s parental rights (and had better have some good evidence to support the

motion, look in your state's adoption statute), or presents Natural Father�s Voluntary Relinquishment of Parental Rights and Consent

to Adopt. If the court grants the petition, then step-dad becomes Dad. Bio dad no longer has

any rights to the children. Now if you die, adoptive dad stands to automatically gain custody of the kids.