I have 2 children with whom the father is not involved and refuses to pay child support. I have since remarried, and I want to know since the birth father is not involved and my husband is, if something was to happen to me can he get custody, or dothey have to go with the birth father who neither child knows.
You need to ask an attorney or someone with legal knowledge. You may need to get him to sign over his rights as a parent if he is on the birth certificate as the father. Then their non-bio dad could adopt them.
You need to consult a lawyer. It is possible he could obtain custody, but you will need to know your legal rights to prevent it.
I understand your concern. My grandson is almost 7 & sees his bio-dad every other week from friday to sunday afternoon. His stepdad has been there since he was 2. I retired when he was born & have been with him every day since. God forbid, if something would happen to my daughter, his dad has rights. She won't listen to me, but maybe you will. Please do something legal !!! Please see a lawyer & protect you children. His father doesn't pay either & has a very bad temper. When he is 13 he can decide, but until then , he has no say. Please do whatever you can to protect their future. My heart is with you. A grandma!
You need an attorney, because without legal paperwork in place... it's a crapshoot. Maybe your husband would get custody, maybe their dad, maybe your parents, maybe their dad's parents. Maybe they'd go to someone immediately, maybe they'd end up with child services until their legal guardian can be sorted out (for a few days up to several months).
By legal paperwork, that means a will at minimum, and most probably several other things specific to the state of FL.
Your child's biological father is their legal next of kin. All he has to do is claim they are his children and ask for a DNA test and he will get them unless he is in trouble with the law and facing a court action or is under investigation for some suspected crime where charges have not been filed as of yet.
He is their father no matter who they spend their time with. If you know where he is you could offer to help him terminate his parental rights and say you will drop all child support actions against him.
Most moms don't have the luxury of not getting child support. If the day refuses to pay the state can step in and legally take it from his pay before he gets his check. Then if he does not work part of the year or he owes back child support you get the majority of his income tax refund. This is your child's money.
Unless bio dad signs over parental rights, which would allow current hubby to adopt the kids....they would be turned over to their bio dad as the next of kin and next blood relative.
It would probably be up to a judge -- and unlikely that the kids would be sent to live with someone they don't know. But, you never know. As the bio-dad he does have some rights.
I would seek to have his parental rights terminated so your new husband can adopt them. You should talk to a lawyer.
Good luck!
You need an attorney. Likely, you should ask him to sever his parental rights (will also relieve him of any fear of child support) and have your husband adopt them.
