If my wife pasted away, who would get to keep my stepson?

The father lost all his rights when he pasted on taking a DNA test. Would I get to keep him or could he try and take him from me? Do I need to get any kind of legal papers filled out?

Asked on January 11, 2013 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  I am a little confused about what happened with the natural father and the DNA test.  If he lost his rights to the child and the court issued an order terminating his rights then the child is technically an orphan.  Family members would be able to make an application to take him in.  Unfortunately you have no legal right to keep him at this point in time but that does not mean that you can not make that application as well.  The facts here will really give the best guidance and yes, you should speak with ana ttorney as soon as you can.  Good luck to you both. 

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