What are the step-parent's legal rights to the children?

[scrunchy]

I live in Philadelphia, Pa. I've been married for 1 1/2 years. I've been with my husband for a total of 3 years. My husband is the step-father to my 3 children from a previous common-law marriage. The children haven't seen their biological father in 3 years and now he wants to jump back in their lives as if nothing happened. Because of the biological father's abscence, he has temporarily lost his parental rights to the children and I have sole custody. My husband, the children's step-father, has taken an active role in every aspect of their lives.

#1.What are my husband's legal rights as a step-father?

#2.Does he have to petition the court to obtain sole legal custody of the children or is that already granted to him as a step-father????

 

[I AM ALWAYS LIABLE]

I live in Philadelphia, Pa. I've been married for 1 1/2 years. I've been with my husband for a total of 3 years. My husband is the step-father to my 3 children from a previous common-law marriage. The children haven't seen their biological father in 3 years and now he wants to jump back in their lives as if nothing happened. Because of the biological father's abscence, he has temporarily lost his parental rights to the children and I have sole custody. My husband, the children's step-father, has taken an active role in every aspect of their lives.

#1.What are my husband's legal rights as a step-father?

#2.Does he have to petition the court to obtain sole legal custody of the children or is that already granted to him as a step-father????

My response:

Until such time as the bio-father might relinquish his parental rights, and the step-father is allowed, by a court, to adopt the children, the step-father has absolutely no legal authority whatsoever concerning the children.

Sorry.

IAAL

 

[scrunchy]

If we file the papers with our atty for my husband to leagally adopt the children and the bio-father doesn't show up for court, will the adoption be granted by default?

 

[I AM ALWAYS LIABLE]

If we file the papers with our atty for my husband to leagally adopt the children and the bio-father doesn't show up for court, will the adoption be granted by default?

My response:

Only if the bio-father signs the papers and they are Notarized.

IAAL

 

[usmcfamily]

What you don't seem to understand is that when you file the papers for your husband to adopt your children you have to have their father served with a copy of the papers so that he is aware of the proceedings - you will have to provide the courts with an affidavit from the person serving your ex to prove he has been notified of the pending action. If after that has been accomplished he does not choose to show to contest the proceedings the court will enter a judgement for you by default. If you are unable to locate your ex to have him served you will have to provide the court with verifiable proof of making a "good faith effort" to locate him (this will have to show an exhaustive effort on your part to notify him of the pending case) and then notify by publishing -- posting in the "legal notices" section of a paper where you believe him to be or in your area (this depends on situation - so is best to have an attorney to be sure you stick to local statutes regarding exact procedure).....the sounds of your post make it sound as though you would rather do this behind his back.... which, while understandable (been in your shoes) is illegal and what a waste/shame to have it later overturned when he finds out and files a claim against you for defrauding the courts! Please, situations like this are only advisable to pursue with good legal advise - find an attorney and proceed on their advice......it really can work!
Good luck and God Bless

 

[scrunchy]

I Am Always Liable & usmcfamily,
THANK YOU, THANK YOU, THANK YOU SO MUCH for responding to my concerns and answering my questions. This helps a whole lot. Now we know exactly what to do. God Bless.