I have a 4 year old son. My husband and I have been married for almost a year. My son's real "father" has never seen him, has said on a couple of occasions that he wants to be in my sons life but has never made any steps at it. I have not seen him since I was pregnant. He is not on the birth certificate and has not ties to my son what so ever. My husband and my sons "daddy" loves him to death and looks at him as his son. We have been together since my son was born so it is the only father he as ever known. Basically what I want to know is: my husband wants to adopt my son. Does his real father have any rights?? How would we go about the process? How much will it cost? And any other info you could help me with. Also I live in New York, I know that laws vary state to state slighty if that helps any. I have called a few lawyers and even the court house and have gotten barely no anwsers. Hopefully someone has been in this position that can help me out. Thanks!!
2006-06-19 22:42:30 · 5 answers · asked by Jenna Rae 1 in Family & Relationships ➔ Family
My sister was in the same situation but she lives in Ohio, so I'm not sure how much it will help.
Her husband had to file the papers saying that he wanted to adopt her son. When he did that she had to tell the court who the real father was and he was contacted informing him that her husband was adopting his son. The real dad basically had to make a choice as to whether or not he wanted to fight it. Since she was able to prove that the real dad had played no part in her son's life, and had not even paid child support, he really didn't have a case. So he just signed over his rights to her husband and the adoption went pretty smoothly from there.
If he wants to fight for him he can, but since it pretty much sounds like he is a dead beat all hes really going to accomplish is making the process harder on you. So he has to decide if hiring a lawyer and paying court fees and such is worth it.
I hope that help at least a little. Good Luck!
2006-06-19 22:54:11 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I haven't been in your position but I have seen a few court cases. I dont know how your husband could go a/b adopting in the sate of New York.
But b/c the bio father's name is not on the birth certificate you have hope.
The bio father can't legally take your son from you as long as you provide evidance that he has taken no steps to be in your sons life and that you already have a capable and good father figure for your son. Make sure not to say anything like I dont ever want you to see your son or anything, it could hurt your case.
Just if it comes up, explain that it would be tramatic for the child b/c the child already has a father and this is the only father he's ever known and there is no evidence to say that his bio father would be even a sufficient role model for your son, considering that up to now he's never taken steps to meet the child even though the door is wide open and also he has sent no support financial or other.
i know this dosen't really help but I hope i brought you some comfort.
2006-06-20 05:53:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
yes your husbund can adopt your son without the real fathers permission the fact that your sons real father is not on the birth certificate was the best thing you could of done,now your husbund is free to adopt your son in an instant no questions asked,your sons real father if you wanted to prolong the fact that he wants acess for longer you could tell him that he would have to get a paternity test and so on,if your ex wanted any sort of acess to your son the court would ask for apaternity before any proceedings and then on confirming he was the father he would may get acess visits but they would be supervised and or day visits
2006-06-20 05:50:18 · answer #3 · answered by jaye c 2 · 0⤊ 0⤋
In the adoption paperwork you will have to send something to the father. He will then have his chance to make a claim or not for your son. If he doesn't act at that point he will have waived any rights he has to the boy. If he exerts his rights that's another story.
P.s. If he does admit claim to the boy you can then get child support from him.
2006-06-20 05:46:59 · answer #4 · answered by nevyn55025 6 · 0⤊ 0⤋
you should let the father be in his life if he steps up to the plate but he can be adopted because really the father is not in his life and this is your husband and hed loves your son. yes your ex has rights but he cant stop the husband and you from adopting the boy.
2006-06-20 05:49:52 · answer #5 · answered by Justin D 3 · 0⤊ 0⤋