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MIAMILAW1127
MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 748
Experience:  Founding Partner at Moises Law, P.A.
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My significant other is not the biological father to my

Customer Question

My significant other is not the biological father to my child, my child's biological father never signed the birth certificate or the affidavit of parentage either. My child only knows my significant other as daddy.. Can my significant other sign the affidavit of parentage to become the legal father? The biological father is non-existent.
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question today.

Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

A non-biological parent may be awarded custody if:

  • The court finds the biological parent unfit.
  • The court determines that living with the biological parent is not in the child's best interests.
  • The court determines that the biological parent is not available due to desertion, death, or other reasons.

However, your current significant other cannot just sign the affidavit of parentage to become the legal father. Giving the nonbiological parent parental rights is a process that must happen through the court and there must be an attempt to notify the biological father.

I hope I have answered your questions. If I have not, please feel free to ask any follow-up questions you may have. Also, please do not forget to rate my response at your earliest convenience.

Thank you.

Customer: replied 1 year ago.
if he is nowhere to be found how do i contact him? he did not sign the birth certificate nor the affidavit from researching my states law he has no legal right to the child.
Expert:  MIAMILAW1127 replied 1 year ago.

If he is nowhere to be found, then the process is much easier, but you still need to go to court to have the rights granted to the nonbiological parent.

If you don't do it this way and the biological father later turns up, he can challenge your new spouse's rights and the court will order a paternity test to determine who the biological father is.

You want to do things correctly from the beginning to avoid any hiccups in the future.

Customer: replied 1 year ago.
how do i have the courts grant my significant other full legal rights? do we have to get married and he would need to adopt my child?
Expert:  MIAMILAW1127 replied 1 year ago.

He can adopt the child. Getting married would not have an affect on the parental rights.

Customer: replied 1 year ago.
oh ok, i was informed that he cant just adopt without us being married because then i would loose my rights?
Expert:  MIAMILAW1127 replied 1 year ago.

The following link has all of the information you would need for the adoption process: http://family.findlaw.com/adoption/stepparent-adoption-faq-s.html

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