i want to adopt my step son but his real father bein a asshole he doesnt wasnt me to and he really dont have any leagel right to him except what my wife gives him he never had any thing to do with him till my wife and i got married my step son is 11 he want me to adopt him but his reall daddy says yes then he says no i was wonderin if he pay child support does he have to get premission for me to adopt him?
2006-07-17 00:14:59 · 5 answers · asked by armyengineer296462003 1 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
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. 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
2006-07-20 12:11:24 · answer #1 · answered by cstoa10 5 · 1⤊ 0⤋
i really can't give you this kind of in depth advice but their are other ppl, such as family assistant advisories that can help with your transition through this legal process, try and have a strictly lawyer based conversation with the real father, speaking very bluntly and strictly, and hold the meeting in another place, not a house or food chain, but at a lawyers office, where he can see very clearly your serious about adoption your stepson.
Also, make sure the father is fully aware that your son supports your desision and ask you son to voice this.
Best of luck,
2006-07-17 00:23:32 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Well, he's the child's biological father and he is in contact with him, right? I would say he has legal rights.
Laws vary from state to state so you should check with a lawyer. But in my state, he would have to have no contact with the child for a period of time. Otherwise, you'd have to have his permission. And just because he doesn't pay child support doesn't mean he has no rights at all.
2006-07-17 01:43:53 · answer #3 · answered by Lady J 4 · 0⤊ 0⤋
Check with a lawyer in your state. I would say the birth father would need to sign over his rights before you can adopt him as yours. Ultimately, it doesn't really matter -- the child is already 11 and he'll remember exactly who was there for him.
2006-07-17 00:20:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you want to do that, the ex really needs to have no legal rights to the child. You really need to consult a good family law attorney.
2006-07-17 00:19:36 · answer #5 · answered by The Apple Chick 7 · 0⤊ 0⤋
Wow I hope someone can give you legal advice!! Don't stop trying!! You sound like a great person!!
2006-07-17 00:19:14 · answer #6 · answered by Deb 4 · 0⤊ 0⤋