I think you posted twice and this post has more facts -- If you did not, I apologize. Can you get rights to the child (which is slightly different from can you adopt)? Well, first, you may already have some rights through DFCs. BUT, I am completely confused about your relationship with the child. If you do not have a blood relationship with the child OR are not CURRENTLY married to someone with a blood relationship with the child, you may have an uphill battle. This question that I have is an example of why I recommended that you actually hire or consult with an experienced Family Law attorney, ASAP. Good luck!
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To say you want custody of your stepson is to imply that you are married to his father. If this is correct, you may only obtain custody in one of two ways.
One option for obtaining custody of a child to whom you are not biologically related is to have the custodial parent found unfit (or the child found to be deprived in the care of the custodial parent). With such a finding, you can be granted temporary custody while the parent is placed on a plan for reunification.
The most appropriate manner for a step-parent to obtain "custody" is to adopt the child. Step-parent adoption requires that the parent (your spouse) consent to you adopting the child, and the other parent's rights be terminated. The termination can be voluntary (in your case, the mother can consent), or can be court ordered due to her failure to provide for, and bond with, the child.
You will absolutely need to meet with an attorney to determine how, if at all, you can gain custody. As Mr. Rockefeller stated, there is information missing that makes it difficult to advise you on what your options truly are. Even if that information were revealed, you would likely need an attorney to represent you. (You DEFINITELY need representation if you decide to seek adoption.) Since many attorneys offer free initial consultations, I would suggest that you contact a few now.
Good luck to you and your family.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Ms. Eyo gave a good answer and I will simply add if there are any blood relations to the child who would fight you for custody,,,,,,,,,, you will probably loss in both courses of action suggested by Ms. Eyo . That said if you are the only true full time parent the child has ever known and the bond between you and said child is stong then go for it . Some fights need to be fought regardless of chances for success .
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