Legal Question in Family Law in Maryland

Step Paernt Adoption/Rights

My husband and I have been togther for three years, married for one of them. He has helped me raise my son, who is now three, since he was three months old. The biological father has not always been involved but has been fighting for more visitation with the child and is court ordered to pay minimal child support. My husband wants to adopt our son. What are his rights to our child? He is the primary care giver and wage earner in our home and has been for the past three years. My son knows him as his father. We would also want to change our son's last name to the last name of the rest of our children, what are our options?


Asked on 9/09/02, 7:11 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Step Paernt Adoption/Rights

First, a step parent has no adoption right that overcomes a natural parent's right. Second, a natural parent may loose his/her right to legal custody where it can be shown that the parent has not acted in the best interest of the child. Third, physical custody of a step parent does not overcome the natural parent's right to vistitation where the natural parent's relationship with the child(ren) is not proven to be outside of the best interest of the child(ren).

Fourth, child support, and any payment or non-payment thereof, is not a basis for denying visitation with an otherwise suitable natural parent. Fifth, a change of name is attainable and is a separate matter; however, a natural parent may support a petition in opposition.

Basically the above propositions amount to the relationship and proclivity of the respective parties. A natural parent who is unable to provide for his/her child may gain a benefit by agreeing to an adoption. Most natural parents are not willing to give up this right since it has significant legal implications.

On the other hand, a natural parent has every reason to seek as much visitation as possible as this may reduce child support. Nonetheless, if visitation is not in the best interest of the child, supervised visitation may result.

An agreement on certain matters is enforceable, you should speak with an attorney.

DISCLAIMER: This communication is not intended to constitute legal advice and any reader of its contents is advised to speak with an attorney. No attorney-client relationship exists with regard to this communication. Specific facts and other matters relating to your specific legal situation have not been discussed, you should contact an attorney to discuss your matter.

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Answered on 9/09/02, 11:00 pm


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