Legal Question in Family Law in Maryland
I currently have sole physical and legal custody of my 20 month son. In march of 09 the absent parents supervised visitation was revoked because of his abusive past and mulitple drug and alcohol uses. He could petition for his visitation at any time after he completed an anger management and drug and alcohol class. He was incarcerated for a FTA from a drug posession charge on 3/31/09 but was released on probation 6/4/09. The absent parent has not attempted to complete these classes or contest for visitation again. The absent parent has not seen the child since 12-25-08. I am now seeing someone and we have plans of getting married. I know the absent parent will not agree to sign for stepparent adoption, even though he has arrears on his child support and hasn't seen the child in 9 months. I was told I will have to have a lawyer to continue with the adoption case, but I was wondering what the liklihood of the judge ruling it in the best interest of the child to be adopted by my fiance. My fiance has been a bigger part of my sons life than the absent parent and my son is extremely attached and sees my fiance as his dad. Since the judge revoked the absent parents visitation rights in march, what are my odds of them ruling over him not agreeing to consent adoption?
1 Answer from Attorneys
Failure to pay child support is not grounds to lose parental rights. The odds of the court ruling to allow your fiance to adopt this child over the objection of the biological father is slim and none.