We live in Michigan. He moved out of stated(last account I had he was in California or Tennessee) and hasn't seen her since she was 2. She will be 10 next month. He has had a child support order for 9 years and has never paid a penny. Her "dad" and I have been together for 8 years and they both want him to adopt her. She wants to have the same last name as her little sister and her parents. This is very important to her!!
Also, can any of this be done without a lawyer?
2006-06-05 16:25:41 · 13 answers · asked by shanonda 2 in Politics & Government ➔ Law & Ethics
You'll probably be better off consulting with a lawyer.You will have to petition the court for termination of his rights,be required to post a public notice,usually in a newspaper, to announce your intention.A lawyer could very possibly make the transition faster and easier,especially in regards to your husband adopting her, and the subsequent name change.
2006-06-05 16:33:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I am pretty sure you can petition your local court for adoption and I think you might need an atty's help to draw up the paperwork, unless you can do the legal research yourself. I am also fairly certain that if you can not locate the natural father after a certain period of time, the court can grant an adoption without the birth parents consent. They are considered an abandoner and the child is considered abandoned. Call your local county clerks office or your local supreme and county court offices and they should (if they're not *******) direct you to the right places. Otherwise, get an atty. The cost should only be a couple hundred dollars for the work. Try looking for a Legal Aid in your area.
2006-06-05 16:32:55 · answer #2 · answered by 0000000 3 · 0⤊ 0⤋
Well you can represent yourself in court, but not to insult your intelligence- going to court without proper representation is always risky. I'm sure a lawyer with knowledge in this particular field will be a large help. There are different sets of laws in each State so first you'd have to figure out a state for him to be trialed in.
A search can be done online, but most laws pertaining to parental rights termination are based on adoption- you know, cutting all ties and such- so you have to look deep and a lawyer can help with the paper work.
I posted a link to a Google search that might help you- focused on Michigan.
2006-06-05 16:35:49 · answer #3 · answered by Tejou 1 · 0⤊ 0⤋
FIrst off, you can't do this without an attorney due to the fact that you don't know where he is. Usually in order to get an "absent" parent rights terminated, they do it volutairly. Since he is gone without a trace, a legal representative has to get involved to do the proper LEGAL paper work to your childs "dad" can adopt her. I can be done being he has beed away for so long with no intention to contact your child, and not to mention the non support. Get an attorney, do it right so he can't come back on either one of you. I WISH YOU LUCK, for your child deserves a good daddy in her life.
2006-06-05 16:31:43 · answer #4 · answered by lilbreeze2000 3 · 0⤊ 0⤋
Can it be done without an attorney, if you have to ask how to terminte the rights, no you would not be able to find the forms, make the motions, do the legal posting and the such.
Basicly you have to file in court, attempt to have him served.
( if he is suppose to be paying child support, then I would guess he is suppose to keep child support inforcement informed on his address) so attempting to serve him at that address should be ok for the court ( personal opinion) but they will most likely also require legal notice in the newspaper for such notice in that area and the last know area the person lived.
But basicly several more court dates and an expensive attorney.
2006-06-05 17:26:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You will defintely need a lawyer, for at least legal advice. You'll have to petition the courts to terminate his parental rights and I think that you will then have give reasonable efforts in trying to track him down. After a certain amount of time(Depends on each state), and you can't find him then you should be able to proceed with the termination of his rights.
2006-06-05 16:31:15 · answer #6 · answered by moma 5 · 0⤊ 0⤋
get a lawyer to draw up the documents for the sperm donor to sign away his rights then one for a change in birth certificate and one to chance her name and handle the adoption and if he refuses to give up his rights as a father use the same lawyer to prosecute him for not paying the court ordered child support i have a feeling that given a choice of paying, going to jail, or signing away rights he will sign pretty quick
2006-06-05 16:32:52 · answer #7 · answered by aarika 4 · 0⤊ 0⤋
No you will have to go to court, so it is best to get a lawyer. Check with your child welfare office and ask about free counsel or talk to someone at your local courthouse. They can point you in the right direction. Good luck.
2006-06-05 16:29:19 · answer #8 · answered by just julie 6 · 0⤊ 0⤋
I was in similar situation, you DO NOT want to do something this important without a lawyer. His rights CAN be terminated.
2006-06-06 06:44:08 · answer #9 · answered by ANGELa 3 · 0⤊ 0⤋
You really need a lawyer so that you cover all your bases and nothing can come back at you later. After that many years it seems clear that he has abandoned her and you can easily terminate his rights.
Good luck! Sounds like you & your hubby are giving her a good life, I hope that she can be his legally soon. :)
2006-06-05 16:30:38 · answer #10 · answered by Anonymous · 0⤊ 0⤋