You need the father's consent. If he does not consent then you will have to petition the court and there will be a hearing at which the father can explain his objections and also request primary custody. You should consult with an attorney who specializes in guardianships and custody issues.
If a biological parent gives up their parental rights, then the spouse of the other parent is able to adopt the child. The parent who gave up their rights has no say in the matter.
last i knew unless there is a step father willing to adopt the courts will not let you give up rights if there is a step father willing to adopt you will not have to pay child support
If the suspension of parental rights was approved by the court, than no. Beyond that, this may be a contractual issue. Better as an attorney. I'm going to cross post this on Dads House to see if anyone else has a different opinion.
Then unless the biological father is ok with this and signs his rights over, the new husband has no legal rights to the child.
Only if it has been approved by the court.
No. You would be signing away your rights to visitation. A parent generally signs away their rights in preparation for a legal adoption.
Yes, if she signs adoption papers.
I spoke with a retired judge in Kansas City, and he laughed at the idea.
A step-father will not be able to adopt a child unless the father signs away his rights. You can take it to court and win the case.
None of them can sign over anything. They can go to court and ask to have their rights removed and the custodial parent can ask to have the child support stopped but this means she can not get benefits before he has paid.
The court will decide. Giving up your rights does not fulfill your obligations to support the child. Someone has to support the child, and you are the mother.
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