QLD Step Father rights

[KaraEmme]

Hello,
Backstory: My son has never met his bio dad. He isn’t on the birth certificate but he is the known father to the court because of a DVO I had out on him. The last time I saw him was when my son was 2 weeks old. His family are MIA as well unless I contact them to see him but even then they are never interested.
My partner has been raising my son alongside me since my boy was 1 month old. He is his Daddy as far as my son knows.

I’m wanting to give my partner legal parental rights of some sort. I want him to be able to do everything I can legally.

I know about the adoption process but i want to know what our other options are? Is there another way I can give him legal rights/ respon to my son?

I want to do this because I am worried about something happening to me and my son gets ripped away from the only other parent he knows. I have it in my will that I want him to go to my partner but I know that this isn’t very secure.

I appreciate your advice in advance.

ps. Even if him and I don’t work out I still want my son to keep a strong relationship with my partner. He is a fantastic father and I would never hurt my son like that.

 

[Jake Matherson]

Hey,

This kind of question has been asked here a few times so if you do a search you will find other threads on it.

Short answer is no. Adoption would be the only way to do it formally.

A kind gesture from your end but not something that really needs to be done.
If something bad happened to you tomorrow nobody is swooping in to take the child off step dad who has been raising the child alongside you.

 

[sammy01]

"best interest of the child is paramount. That is what the family law act says....
So you die - best thing for the child is to stay with step dad....
Even if you and step dad broke up.... Step dad would have grounds to seek access to the child through the courts.

Stress kills. Stress less, live longer. Die old

 

[Tremaine]

Adoption is the only real choice, or you could go through the immense rigmorale of court to give parental responsibility to step-dad (which still doesn’t guarantee custody when you pass), but no matter which way you go, dad will have to be involved, so if you don’t want dad involved, then just relax. If something happens to you and the will is contested, step-dad can apply to court for guardianship.

 

[Tim W]

What's your problem with adoption?

I ask because the typical reasons why people are averse to adoption
are either money, or because the non-bio parent has something in their back story
that might make them unfit to adopt (such as a conviction).

 

[sammy01]

My problem with adoption is that the bio dad needs to consent. He'll still be paying child support, so why would he?

Plan B - Apply to court... I agree. with you Tim. Giving a solicitor money to get a piece of paper when the non-bio dad has the capacity to do basically everything a bio dad can do is a waste of money. I believe the legal term is in loci parentis.

Kara - I'm a step parent as is my partner. Collectively the only time we've had an issue is with passport forms because they need both parents signatures.

My partner has promised me that if I die she'll endeavour to keep the kids because they have lived with us for about 80% of the year for 5 years and I believe that is in their best interest. My partner has told me that she will seek advice from a solicitor or two and will at least apply for orders so the kids spend time with her IF the court directed they go live with their mum... BUT in your case where there is no relationship with dad, child welfare are not gonna take a kid away from a loving step parent when that kid is grieving the loss of his mum... I like Jake's answer "If something bad happened to you tomorrow nobody is swooping in to take the child off step dad who has been raising the child alongside you. "