Guardianship, Power of Attorney, vs. Adoption?
Tuesday, October 27th, 2009 at
3:13 am
I am divorced and my ex lives out of state. He sends support, but never contacts her. When he left a few years ago my brother’s best friend was helping us (mow lawn, fix house, etc.). Long story short – we fell in love and he cheap pills online will be her step father. He loves her and has been the acting father figure in her life longer than my ex was in her life. So to give him parential rights (now and if something were to happen to me), would my ex sign guardianship papers or power of attorney papers? And how are those different than adoption papers? Is there any way to keep my ex paying support, but allow the acting father to have decision making powers?
If you have him sign off his rights and the new man adopt your daughter then he wouldnt be obligated to have any contact and wouldnt have to pay child support, but if you want your new hubby to be able to take care of her if something happens to you, the only thing you can do is have your new hubby adopt her, even if your ex signed guardianship papers, as soon as something happened to you he still has his parental rights in tact and can take custody of her since he is the biological parent, So you can either have the new hubby adopt and have no child support this would entail asking the courts to take the biological parents rights away, or if you want to keep child support theres no way you can take his rights away
You need to talk to a Lawyer and discuss your situation.
No. You can have one or the other, but not both. If you want your new husband to adopt your daughter, then her biological father would have to agree to allow that. If he won’t agree, then you might as well forget about it because it’s not going to happen, period. But if he does agree to give up his parental rights, then he’s also free of any obligation to pay child support, now or ever, and that’s only fair. So take your pick.
No he wouldn’t sign those kind of papers—–if your ex signed away his legal rights your husband could, with courts approval, take legal guardianship or power of attorney. At present time your ex already has the same rights as you.