I live in Pennsylvania and have 2 children from a prev marriage. My present spouse would like to adopt them as his own. They are under the age of 18 and have had no contact with their father for 6 years. Child support has ended as of 2 months ago. He knows where the children reside but has made no effort to contact them. I need to know if I still need him to relinquish his parental rights in order for my spouse to legally adopt them. Is there a time limit in terms of years that this could happen without his consent?
2006-07-11 14:01:40 · 9 answers · asked by Anonymous in Family & Relationships ➔ Other - Family & Relationships
I am an adoptive parent and a step-parent. Here is all I know about step-parent adoption.
State laws on stepparent adoptions vary. Most States have a streamlined process for adoptions by stepparents whereby the judge hearing the adoption petition has the ability to dispense with the requirement in State laws for an adoption home study. Some States, however, will not approve a stepparent adoption unless the custodial parent has been married to the stepparent for 1 year or longer.
When a stepparent wishes to adopt a stepchild, the child's parents (the stepparent's spouse and the noncustodial or absent parent) are usually both required to consent to that adoption. In consenting to an adoption, the noncustodial parent relinquishes all parental rights and responsibilities, including child support. If the noncustodial parent objects to the proposed adoption and refuses to consent to it, State laws may prevent the adoption from proceeding.
Some State adoption laws specify special circumstances under which the noncustodial parent's consent is not required. Other States have made special provisions in their adoption laws to allow stepparent adoptions to occur, even over the objections of the noncustodial parent, in cases where the noncustodial parent has failed to maintain communication with the child for a specified period of time.
Here's a link to more info about stepparent adoption
http://naic.acf.hhs.gov/pubs/f_step.cfm
Here is a link to search statutes by state for issues related to child adoption so you can look for Pennsylvania. Results will provide summaries of State statutes (and full text of laws, in some cases).
http://naic.acf.hhs.gov/general/legal/statutes/search/index.cfm
Best wishes and God bless
2006-07-12 08:27:01 · answer #1 · answered by cstoa10 5 · 3⤊ 0⤋
You definitely need to get a lawyer to work this out for you. 1. The court will have to vacate the children's fathers parental rights if he won't give permission for your husband to adopt them. 2. If you are receiving child support for them, then that will cease when the adoption is finalized. 3. If he isn't paying child support, then there is a good possibility that the court will grant the termination of parental rights which will open the door for your husband to adopt.
2016-03-27 01:47:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It all depends on the laws in PA, but in most states is is possible.
However, an honest attempt must be made to contact them, such as running a warning ad in the newspaper of the town of his last known residence. You must run the ad for ten days, in most states. If he does not respond within thirty days, then the adoption can proceed without him or his consent. Good luck!
2006-07-11 15:17:05 · answer #3 · answered by Gunrunner 2 · 0⤊ 0⤋
In the state of CA you have to prove abandonment. Once you prove that, then the parental rights are disolved. Try going that route. I'm not sure if this will apply since your ex has been paying child support. It's a two step legal process, but once you're able to prove abandonment...if this legal term applies in your state, then it will be a piece of cake to have your spouse adopt your kids. Congrats on re-building of a beautiful family!!!!
2006-07-11 14:31:19 · answer #4 · answered by fiteprogram 3 · 0⤊ 0⤋
I'm not sure about the laws in your state. Over here the biological father has to give up his rights to the child before an adoption can take place. I
2006-07-11 14:05:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
there is a time limit but the limit changes based on which state you live in. it is only 18 months where i am from, so I have to guess you're in good shape.
good luck. it sounds like you found a really good one second time around. congrats.
2006-07-11 14:08:07 · answer #6 · answered by Gabrielle 6 · 0⤊ 0⤋
You can petition in family court for an adoption. If your prev. husband does not protest it can be done.
2006-07-11 14:08:35 · answer #7 · answered by Kenneth H 5 · 0⤊ 0⤋
i never had contact with my real father and when my step dad adopted me they still had to get permission from my real dad for him to adopt me. well, they had to get my real dad to give up his parental rights to me and they had to track him down in order to do that.
2006-07-11 14:10:44 · answer #8 · answered by ziggunerin 4 · 0⤊ 0⤋
nope!
in ANY state in the US, you STILL have to get the fathers signature... get a lawyer- he owes them support, and you need to get it!
2006-07-11 14:07:49 · answer #9 · answered by bronzebabekentucky 7 · 0⤊ 0⤋