QLD Step Parent Rights - My Optioms

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KaraEmme

Active Member
2 March 2018
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0
31
Hi everyone,
So a little back story is I have a 5 year old son from a previous relationship. His biological father isn’t on the birth certificate (his choice) and hasn’t been in his life since day one (again his choice). I have been in a long term relationship since my son was 2 months old. We are engaged currently and have one child together who is 6 months

I want to do something to give my partner rights to my 5 year old especially rights if something happens to me. I want to make sure my son will get to stay with the only Dad he has ever known. I want to make sure my 5 year old gets to stay with his younger brother. I understand that he can’t adopt until married so I want to do something that legally binds them now. I have heard of giving parental rights via consent orders but unsure of the process.

Thanks
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Dont die.
Easy.
If you do, then realise that ownership is 9/10's of the law. So chill

My kids live with me and my female partner. They visit their mum a few times a year. IF i die, i'm confident the kids will stay with step mum just because that makes more sense than to remove them from the safe place that they know to put them with some other place. This belief is enshrined in the law. "best interest of the child" how can it be in the best interest of the child to be removed from the most significant person in the kid's life (after you snuff it).?
So how much $ do you wanna throw at this?
OR just don't die and worrying about this stuff will kill you
 
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Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
I want to do something to give my partner rights to my 5 year old especially rights if something happens to me. I want to make sure my son will get to stay with the only Dad he has ever known. I want to make sure my 5 year old gets to stay with his younger brother. I understand that he can’t adopt until married so I want to do something that legally binds them now. I have heard of giving parental rights via consent orders but unsure of the process.
Applying to court will involve the boys biological father needing to be served & given the opportunity to oppose.... Probably the most costly, time consuming, & least best option.

For now, you can make out a will that names your partner (or husband when married) as the boys guardian should something happen to you.... That won't prevent biological father from filing for orders to see the his son if he chose to, but he could do that now. If he isn't now, I guess he's not likely to then, & given he has no relationship with the boy but your partner has, it's highly unlikely anything would come of it anyway.

After you are married, you can look at adoption. Again the boys biological father would need to be notified & approve.