Legal Question in Family Law in Massachusetts
Adoption of Step-child
Step-father has just obtained permanant guardianship of step-child(along with the mother). Step-father would like to adopt. Bio-dad says no but only sees the child 4x year for 1 hour. Bio-dad lives in Canada and child has no real relationship. The child, who is seven, has no idea that bio-dad is the real dad. He thinks bio-dad is a family friend. How friendly would the courts be in granting a contested adoption under these circumstances?
2 Answers from Attorneys
Re: Adoption of Step-child
AS a general rule, if the natural father opposes adoption and is paying child support, then the adoption won't be approved. If the father doesn't oppose or doesn't pay child support then an adoption is likely to occur. You should consult a local attorney and give the attorney a full description of the facts.
Re: Adoption of Step-child
The question is can you terminate the bio dad's parental rights. Usually that is for failure to maintain a parental relationship by failing to pay support or communicate with the child for a perior exceeding 6 months or 12 months in the case of a step parent. Since this father is paying support and is seeing the child is is unlikely that the court would terminate his rights, unless you can show the visitation is only token visitation. That seems unlikely. Perhaps approaching the father for a voluntary relinquishment of rights which would relieve him of his financial obligation or a compromise by giving him continued limited contact as a "family friend" might also convince him to relinquish so that the child is not confused.
John A. Giffen
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