Legal Question in Family Law in Massachusetts
I have recently found out that my 2 month old daughter is not biologically the daughte of the man whom i live with and who has been taking care of her, myself, and my 6yr old son. I want to know what rights i have to obtain full custody so that her 'dad' can adopt. Bio father is an alcoholic and is an unfit parent; the only reason he would want custody is to cause problems in my life.
1 Answer from Attorneys
You will need to bring a Petition for Co-Parent Adoption in your local Probate and Family Court in order to establish your partner as the child's legal parent. During that process, the parental rights of the biological father will need to be terminated, or he will need to 'consent' to the adoption. Although it is not as simple, you could aslo seek to establish parenthood by way of an equitable adoption, essentially arguing that it would be unfair to treat any other person as the father. If the biological father was truly interested in the child, it would be possible to reserve visitation rights for him even after an adoption. You can let him know that if he does not consent to the adoption, he will be responsible for the child, including child support, etc. You have options. Please feel free to contact me if you would like to discuss your situation further.