What should I do?
When my son was 2, I started dating the man he calls dad now. He's almost 11. His bio father has not spoken to him since he was 2. I'm wondering if, god forbid, something happens to me, if there is a chance he would be able to stay with the only man he's ever known as his dad. He would absolutly fight with all he could to keep him. But I'm wondering if he would have a chance. There is even court documents that have his father flat out saying he never told him he couldnt call (he's 700 miles away) he just doesnt. Would my son have a say in this??
Your significant other may be able to petition the court to award him parental rights and responsibilities as the de facto parent of your son. Or, another option may be for your significant other to adopt your son. You should contact an experienced family law attorney in your area to discuss your options in greater detail.
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You should review the de facto section of the Maine Parentage Act to see if your situation meets the criteria.