{"QuestionID":60253,"AnswerID":2833,"AnswerName":"Anonymous Attorney"}
Posted on / Apr. 13, 2020 13:52:00
Under the law, the surviving biological parent generally would be entitled to legal custody of the children. The exception to this is if your current husband can show that the bio dad is an unfit parent, then step dad could Petition for a guardianship. Under the circumstances you described, it is possible the Court would find it the father is unfit, and that it is in the girls best interest to be with the step parent. It would be beneficial to make sure you have a Will that indicates your wish for your current husband to be guardian of the children, so the Court has some record to know that is who you trust with your children.
Another option would be to have your husband adopt the girls. You can see if the bio father will voluntarily terminate his rights. You can point out to him that he will no longer be required to pay child support if he terminates his rights pursuant to an adoption. His rights can be involuntarily terminated if he fails to pay child support for 12 of the last 14 months, or fails to maintian a meaningful relationship with the children for 12 of the last 14 months and the Court finds it is in the best interest of the children.
