Legal Question in Family Law in Massachusetts
Adoption of Ex-Fiance's Child
My ex-fiance's child has been living with me for 6 years and she calls me Dad. She lived with me and her mother for 4 years until her mother and I broke up (the child stayed with me when her mother moved out). The bio father has a child support order but has no contact with his child. and would agree to terminate his parental rights. Her mother has some contact with her and does not want to relinguish her rights. Can I adopt my ex-fiance's daughter so that me and her mother are her legal parents? Or could we obtain shared legal custody? My ex-fiance does want to agree to giving me legal guardianship because then she would lose her rights.
2 Answers from Attorneys
Re: Adoption of Ex-Fiance's Child
If the parties agree, then file for adoption. Legal guardianship raises several issues, much different. In either case, this raises issues whose facts need to be presented to an attorney.
Re: Adoption of Ex-Fiance's Child
Assuming your ex would be willing to permit you to adopt the child and allow you physical custody, which you already have and the father is willing to release his rights as you said, the court would with the consent of the parents allow you to adopt the child.
I suggest you contact an attorney and sit down with him to determine your best way forward.
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