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Stepfather Adoption Washington

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  • 06-30-2008, 11:06 AM
    GPlives
    Stepfather Adoption Washington
    My question involves adoption law for the State of: Washington.

    Can a stepfather adopt a child in the state of washington without terminating the biological father's rights? If a biological father is cooperative, and consents to the adoption? This would result in three legal parents. In this case, mother has full residential (custodial) rights.
  • 06-30-2008, 11:18 AM
    Xena
    Re: Stepfather Adoption Washington
    Quote:

    Quoting GPlives
    View Post
    My question involves adoption law for the State of: Washington.

    Can a stepfather adopt a child in the state of washington without terminating the biological father's rights? If a biological father is cooperative, and consents to the adoption? This would result in three legal parents. In this case, mother has full residential (custodial) rights.

    No. Before a step parent can adopt, the absent parent's rights must be terminated by the court. (in some state's the TPR is done during the adoption proceedings)

    If the legal/bio-father agrees to volunatraily relinquish his rights and allow an adoption, the adoption would go smoothly, but, he would cease to be a parent.
  • 06-30-2008, 11:55 AM
    GPlives
    Re: Stepfather Adoption Washington
    Quote:

    Quoting Xena
    View Post
    No. Before a step parent can adopt, the absent parent's rights must be terminated by the court. (in some state's the TPR is done during the adoption proceedings)

    If the legal/bio-father agrees to volunatraily relinquish his rights and allow an adoption, the adoption would go smoothly, but, he would cease to be a parent.

    Is there a "next best"? If the stepfather is granted custodial rights by the mother as sole legal custodial parent, what parental rights of survivorship does he have if the mother dies?
  • 06-30-2008, 12:42 PM
    cyjeff
    Re: Stepfather Adoption Washington
    A child may only have two parents....

    If one parent wishes to assume legal adoption, another parent has to relinquish theirs through either the courts or death.
  • 06-30-2008, 01:18 PM
    aaron
    Re: Stepfather Adoption Washington
    If the stepfather gets custodial rights granted by a court, the mother's death shouldn't change that order - but it would open the door to an attempt to revoke or modify the order by the biological parent. The exact impact will depend upon the nature and terms of the order giving the stepparent custody rights.
  • 06-30-2008, 04:04 PM
    GPlives
    Re: Stepfather Adoption Washington
    Quote:

    Quoting aaron
    View Post
    If the stepfather gets custodial rights granted by a court, the mother's death shouldn't change that order - but it would open the door to an attempt to revoke or modify the order by the biological parent. The exact impact will depend upon the nature and terms of the order giving the stepparent custody rights.

    Aaron - can you elaborate on this? I am not following you. First, when you say granted by a court, does that mean in this case: The only residential parent goes to court and formalizes a custodial arrangement granting the stepfather rights?

    Secondly, are you saying that if an arrangement is legally formalized (for instance the previous paragraph's custodial arrangement ) in the court, it then provides something for the biological father to go "after" in the event of the mother's death? The alternate being no formal arrangement, and the issue is fought out after her death, based on who the children have been living with?
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