Asked about 1 year ago - Atlanta, GAFlag
I have two sons, niether belong to my fiance. I want to know exactly what rights would he have and will he be their legal guardian.
No. He will be their stepfather. The children's legal custodians are you, their mother, and if they were born in wedlock, their father. If they were not born in wedlock, then they may still have two legal parents if 1) the father married you after they were born and held them out as his own or 2) if he subsequently legtiimated them. The children's soon-to-be stepfather will have no right to custody of or any obligation to support your children by another man, unless he adopts them (which would require a surrender by the father of his parental rights or the termination of his rights by a court of competent jurisdiction).
He can never have any rights unless you consent to it in the future. You could consent to him adopting your sons. You could give him voluntary guardianship. If he adopted them, and then your divorced, he could obtain custody because by consenting to the adoption you gave him the same rights as the biological father had. None of this could be done without terminating the rights of the biological father.
So, if you do not wish for him to have such rights, he will not, and you do not need an attorney.
The short answer is - NO. Once you are married he will be your two sons Step-father. A step parent does not have any automatic legal right to custody in Georgia. If he Adopts the boys after you are married, then he will have all of the additional rights and obligations that go with being a natural parent. In order to Adopt the boys their natural father would have to Surrender his Parental Rights or have his Parental rights terminated by the appropriate Court. After you are married the natural father will still have the obligation to provide child support for your sons. I hope this information has been helpful. Good Luck and Best Wishes in your new marriage!
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