I recently re-married and I have a 10yr old to my previous. I would like for my husband to have equal rights?

Question

I would like for my husband to have equal rights to my son. Do we have to go through an adoption process? How does he become a legal guardian?

Answer 1

Check legally what options you have. Has your ex-husband terminated his rights to you son? If he is still involved in his life or paying any support then I don't think your new hubby will be eligible to adopt him. But don't ask us check for yourself especially as the law is different in every state and town and country. :)  Good luck.

Answer 2

He will not have any rights unless he adopts your son.  The biological dad would have to give up his parental rights.  Keep in mind if this happens your ex is no longer responsible for any support.  Even if things don't work out w/ you and the new husband.

Answer 3

This will only happen easily if the birth father agrees to it. If he signs away all rights to the child. If he decides that he doesn't want to do that, you'll have to go to court, prove that he's been absent from the boy's life for a long time, not paying support, no interest in visitation or contacting the boy, etc... This usually doesn't happen. The boy is the man's son. He should get to be a part of his life, unless he is unfit to do so. I hope you all can be adults and work together for your son's best interests. God bless you all!

Answer 4

Has your son's father had his rights terminated or willingly signed them over?  If not, this is not going to be possible.

However, as your husband he is already considered a legal guardian for your son so adoption, or any other process, is not necessary for legal guardianship to be established.