If my fiance wants me to have legal custody of her son, what do we do in order for me to have custody or have me as the father?

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If my fiance wants me to have legal custody of her son, what do we do in order for me to have custody or have me as the father?

The biological father did not sign the Paternal Affidavit nor did he sign the birth certificate or even give a blood test.

Asked on October 9, 2012 under Family Law, Maryland

Answers:

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

Answered 9 years ago | Contributor

How wonderful of you to want to adopt the baby as your own.  Once you are married you need to start the process.  If the biological Father will voluntarily relinquish his rights you can generally do the termination and adoption in the same proceeding.  If he will not then you have to have his rights terminated and that could be a difficult thing.  I understand what you have said about the affidavit and birth certificate but you need to do this by the book or he can try and have the termination and adoption put aside.  Good luck.


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