What happens if a divorced mom dies and she wants her new husband to have legal rights over her son? The bio. dad sees the son every other weekend now

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nittles61705 asks:

The new husband has been in this boys life since hes
been a baby. This boy is now 6 and they have been in eachothers lives for 3 years now. My son and this man are 2 peas in a pod! This is who he sees as his real dad.My new husband is absolutely in love with my son and would do anything for him. He's so scared hed never see him again if i died.

In Topics: Child care, Single parent families, Divorce Issues

> 60 days ago

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Expert

ShirleyCressDudley

Aug 13, 2011

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What the Expert Says:

I understand that your son and his stepdad are very close, but the biological dad would have custody of your son if you die. In order to share custody, your husband will need to adopt your son.

I believe he needs the biological dad's approval to adopt your son. You will need to consult an adoption attorney for more detailed information.

Kindest Regards,

Shirley Cress Dudley, MA LPC NCC
Director of The Blended and Step Family Resource Center
Author of the book, Blended Family Advice

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