Legal Question in Family Law in Massachusetts

Re: Custody of step daughter

Biological mother's rights can be limited by the court if the court agrees that it is not in the child's best interest that she hve such rights. Visitation can be supervised, and legal custody -- decision-making custody -- removed. However, there need to be specific reasons. These reasons are usually psychiatric difficulties substance abuse which affect the woman's judgment. You will likely need to engage a lawyer, and the court will probably order a Guardian ad Litem or court clinic investigation.

Step-parent adoption generally requires that the bio-mom permit the adoption. "Forced" adoptions (deprivations of parental rights) result from substantial, long-term patterns of abuse and neglect, and are usually initiated through the DSS process. Where the child has one fit parent, you are unlikely to see DSS pushing for such a remedy, which is costly in the hours performed by taxpayer-funded investigators, lawyers, judicial time, appeals, and so on. These funds are guarded for children who have no fit parent to care for them.

"Your" daughter has one fit parent and one good step-parent. Your husband can take steps to give you some legal status. He can seek to terminate bio-mother's legal custody, then give you powers of attorney.

I would be happy to consult further.