Legal Question in Family Law in Utah
My step son
My wife and I are currently separted, we were married a month, been separted for a month, she has finally given me visitation with my step son, who I am the only father he knows, i was there since day one, he is a year old, she wants to put in the divorce, visitation rights for me, two weekends a month, but she also wants to put in there something that says if anything happens to her then i get custody of Austin, is this possible, the bio-father is not on the birth certificate but they are going to establish perternity, but he recently swerved and ran her and austin off the road, where they got into a wreck and austin was hurt alittle, she has pressed charges on him, what i am asking is, is there anyway we can do this, custody in case something happens to her, like Jail, or death, the reason i ask, is because she brought it up and also DCFS is starting to move in on her, and she doesn't want anyone in her family to get temp. custody of austin she only wants me too. Is this possible? thank you.
1 Answer from Attorneys
Re: My step son
If you and your wife work things out, you could file for a step parent adoption. Birth father would give up his rights, and you would adopt as your own son. However, being separated raises some issues. She could also agree to name you as a guardian of the child. However, the birth father's rights would be superior to a guardians.
You and she should go to a marriage counselor to resolve your marital issues first.
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