Legal Question in Family Law in Pennsylvania
child custody
I am a 32 Y.O.A. mother of a 13 month old son. I was recently married and was wondering what rights my husband has for adopting my son? My son has my last name and there is no father on the birth certificate. The biological father has never paid any type of support and has only seen my son twice in the last year. My husband has been raising my son since the day he was born. No partenity tests have been conducted to prove who is the biological father. I really don't care to have contact with the biological father but would like him to pay support. If I take him for support,would he have legal rights to my son?
2 Answers from Attorneys
Re: child custody
One can not have one's cake and eat too. If you want your husband to adopt your son, then the parental rights of the father has to be and will be terminated. Once those rights are terminated he is no longer legally liable to pay for support. If you have any further questions about the adoption process please feel free to contact me or an another attorney.
Re: child custody
In order to adopt your son, your husband would need to file a petition to adopt. To complete this process, the biological father's parental rights would need to be terminated. He could sign a paper consenting to this. Even if you do not seek support, the biological father has certain custody rights unless his parental rights are teminated and your son is adopted. Once his rights are terminated, he would no longer have any support obligations.
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