I now have Sole legal custody of my 10 year old son. Can his step-father legally adopt him son in case something ever happens to me, he will get custody instead of his biological father?
1 Answer from Attorneys
Re: Adoption question
You would have to obtain the consent of the biological father for your husband (your son's step-father) to adopt your son. Otherwise, custody or visitation rights will not be awarded to a non-parent unless it is shown that the biological parent is “unfit.”