Guardianship vs Adoption for non-biological parent? What can we do or consider?

My stepdaughter 14, is not my husbands bio-child, he found out after birth, and felt guilty this baby would not have a dad. The child, now 14, lives w/her mom. The mother receives hefty support from the absent one night stand biodad, who wants nothing since the time of knowing of the child. This child was born and grew up believing my husband was her father, she found out 3yrs ago he was not. She was upset, but now has adjusted. We want a say in her raising, w/out the support oblig-we do not want $-ties to the mom. My husb. was only with the mom for 3yrs, only lived w/them for a brief period during the newborn time (3-6months) The biomom will never give up childsupport, I think she would give us some rights, especially if something were to happen to her, she would want my husb to have her.
Additional information
The bio-mom works in the medical profession, but is a functioning alcholic. The child wants to live w/us..I know 14 typical, but I have a teen girl myself...I realize the ups and downs. I can see the turmoil in my husbands eyes, he loves this child, and if he could maker her "his" he would. Paying childsupport is not really the issue...It would just be used as a weapon, the mom was pg'd by a wealthy person, so the rate she currently receives, we could not pay/match. Is there a way to get some formal rights, without being childsupport obligated? We could care less if she received the childsupport for "her" extra income, because that is what it is currently, we just want to provide a home, stable, family, insurance benefits, and have some say with medical, raising, ect. WE are glad to take on the additonal mouth to feed, head to shelter, and all that comes with raising an additional child.
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Answers (1)

Michael John Gainer

Michael John Gainer

Contributor Level 6
Unfortunately, neither of you has any legal rights to this child. If the biological mother wants to put in her will that your husband should be the guardina of the child if she dies, she may do so, but the biological father may step in to assert rights at that point. Then, you would have to file a thrd-party custody action and show bio dad is unfit, etc. If the biological mom wants to allow the child to have contact, live with or any other relationship with you, that is also her choice, but it not something you can force.
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