[mmkaa]

I am a single parent of two children. Under court order, I have sole legal and physical custody of my children. Their father is a deadbeat dad, and has been in state jail for hitting me and is federal prison for drug charges (he will be released soon). anyhow, i've worked so hard creating a stable life for my children. I've started to wonder what would happen to them if I died. My boyfriend of 4 years, who is literally like a father to my children, has voiced that he would adopt my kids. Does anyone know if i can draft some sort of legal document appointing guardianship in the event something should happen to me? Would he still get custody of my children even though he leads a dysfunctional, delinquent life? Do I have to be married to my boyfriend in order for him to adopt?

Any and all help appreciated. Thanks!

[EJsDad]

I highly recommend you seek the advice of an attorney!

Aside from that, unless the birthfather has had his rights TERMINATED (as opposed to you simply having sole custody), he has every right to take those kids should something happen to you, even if you married your boyfriend. You would have to marry your boyfriend and then he would have to adopt your kids. This could lead to problems if the birthfather's rights are not terminated as he would have the option to block the adoption.

A good attorney should be able to give you more details.