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Yes, a stepfather can gain legal guardianship of a minor without the consent of the biological father. The step father and the father would have to go to court in order to prove who is the more suitable guardian. If the child is 12 or older, his or her choice will weigh heavily on the court. You can also get family members who are close to the minor to write letters to the court saying who they see to be the more suitable guardian. I am not a lawyer but i am writing from experience, my step father was able to gain legal guardianship of me when I was a child.

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15y ago
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14y ago

Yes but the likelihood of a stepparent receiving legal guardianship over the parents is not great. The court would have to rule that it is in the best interest of the child. You might want to seek visitation .

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14y ago

Step parents have no legal right to children unless they have adopted the children. If they have adopted, then the step parent has the same legal rights as biological parents.
If there is something going on in the court system, then again, the answer is different

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11y ago

It depends on the circumstances. For example, if the mother has died or been deemed unfit, and the child has had a parental relationship with the stepfather or if there are half siblings the child has grown up with, the court may appoint the step parent as the child's legal guardian. There are different laws in different jurisdictions regarding step parents and custody of step children and those situations are usually decided on a case by case basis. You should consult with an attorney. See related link.

It depends on the circumstances. For example, if the mother has died or been deemed unfit, and the child has had a parental relationship with the stepfather or if there are half siblings the child has grown up with, the court may appoint the step parent as the child's legal guardian. There are different laws in different jurisdictions regarding step parents and custody of step children and those situations are usually decided on a case by case basis. You should consult with an attorney. See related link.

It depends on the circumstances. For example, if the mother has died or been deemed unfit, and the child has had a parental relationship with the stepfather or if there are half siblings the child has grown up with, the court may appoint the step parent as the child's legal guardian. There are different laws in different jurisdictions regarding step parents and custody of step children and those situations are usually decided on a case by case basis. You should consult with an attorney. See related link.

It depends on the circumstances. For example, if the mother has died or been deemed unfit, and the child has had a parental relationship with the stepfather or if there are half siblings the child has grown up with, the court may appoint the step parent as the child's legal guardian. There are different laws in different jurisdictions regarding step parents and custody of step children and those situations are usually decided on a case by case basis. You should consult with an attorney. See related link.

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11y ago

It depends on the circumstances. For example, if the mother has died or been deemed unfit, and the child has had a parental relationship with the stepfather or if there are half siblings the child has grown up with, the court may appoint the step parent as the child's legal guardian. There are different laws in different jurisdictions regarding step parents and custody of step children and those situations are usually decided on a case by case basis. You should consult with an attorney. See related link.

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13y ago

While the biological father's consent is usually required, there are sometimes extenuating circumstances in which the stepfather can adopt without his consent. For example, if the father has had no contact with the child in years, if the father's address is unknown, if the father has been proven to be abusive to the child, etc.

But even in cases such as these, a lot of it varies from one state to another, as well as how the case is presented, etc. There are just too many variables involved to give a "yes" or "no" answer.

I would advise consulting an attorney on this. Quite often, many attorneys don't even charge for an initial consulting fee, so you may be able to get the information you need without having to pay for it if money is a concern.

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15y ago

No, absolutely not.

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13y ago

The father can sue to stop it.

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14y ago

Yes

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