My fiance and I are getting married.I have a 4 month old son.His father isn't paying support and doesn't call at all.His father also lives two states away(I moved back to my home state for family support since i had a newborn and the father proved to be someone who wasn't worthy of children by commiting crimes and abandoning us).Now I have met a WONDERFUL man who is EXTREMELY loving it's unbelievable.He's in the military and wants to marry me and adopt my son.So if the biological father isn't paying support or hasn't made effort to see or call me and his son about his well-being, can my fiance adopt him after we're married without causing a confrontation with the biological father?How can we get this done?BTW I feel that this is whats best for my son because the biological father isn't a good role model.He has felony charges pending against him for robbery and shows no effort of wanting to be in his sons life.
2006-11-02 01:57:33 · 11 answers · asked by lil_sweetnothings7806 1 in Family & Relationships ➔ Weddings
Unless the father wants to, yes wants to, give up his legal rights you probably won't be able to. Along with that you shouldn't. In any case I don't know of any state that will take away a fathers legal rights because mom is getting remarried.
2006-11-02 02:01:50 · answer #1 · answered by David W 3 · 0⤊ 0⤋
Regardless as to whether the father is paying support or not, he still has to be a part of any adoption of his child, even if you were never married. You need to get ahold of a lawyer; he will run a notice of your adoption intent in the newspaper where your ex is living for 4 weeks. If he does not respond, the case will be set on the courts docket and when it comes up, the adoption should go through without a hitch. If he does happen to answer it, he will have to get his own attorney and he will have to give good reason why he doesn't want the child to be adopted by someone else. If he cannot come up with good reasons (which if he isn't paying support and has no interest in the child should be no problem) then it will still go through and a new birth certificate will be printed up with the new fathers name as birth father and the old one will be stapled to it and go on file at the state capital, but no one will ever know it exists.
2006-11-02 15:15:25 · answer #2 · answered by lildragonlexi 4 · 0⤊ 0⤋
Yes your fiance can adopt the child now if 1) the biological father of that child has given up all parental rights to the child. 2)The courts have terminated the biological parents rights to that child 3) Depending on the state if the biological father has not seen his child in so many years(this depends on the state where the mother's residing) you as the mother can contact the court and have the father's rights terminated.
If any of these things have happened your fiancee can then go and apply with the court to adopt the child Your fiancee will probably need to have a family lawyer draw up the papers for you. Once your fiancee does adopt the child he will be taking on all responsibility for that child. If there is a divorce your fiancee will also be liable for all child support to that child. The lawyer will be able to give you more information on his rights as an adopted parent.
2006-11-05 00:13:40 · answer #3 · answered by mshellrosie 3 · 0⤊ 0⤋
No, your fiance cannot adopt your son, until the child's father has signed and turned over his rights. If he cannot afford his own attorney one will be provided for him in this instance. If he's not interested in this child it may be easy, and the fact that you can never try to collect child support makes it more in his favor to do so. You should hire an attorney to look into this matter.
2006-11-02 02:05:14 · answer #4 · answered by rdnkchic2003 4 · 1⤊ 0⤋
The biological father has to give up all paternal rights. You need to get a lawyers advice. When the father signs papers to give up his rights, your then new husband will be able to adopt him.
2006-11-02 02:01:00 · answer #5 · answered by snicks 2 · 1⤊ 0⤋
The biological father would still have to sign the papers authorizing your fiance to adopt your son as well as sign the papers to relinquish his parental rights.
Good luck!
2006-11-02 02:11:02 · answer #6 · answered by Angie P. 6 · 0⤊ 0⤋
the babies father must sign his rights away in order for the new man to adopt
2006-11-02 03:23:53 · answer #7 · answered by Anonymous · 1⤊ 0⤋
You've got to start everything off with getting a good lawyer.
2006-11-02 06:04:11 · answer #8 · answered by Lydia 7 · 0⤊ 0⤋
Woah girl, Chill out....
First I like to say is what are YOU thinking dating or marrying a man who has been to jail, you're craaaazie to even spread your legs for this dude....That's insane I feel bad for this child and hoping you made a good decision by staying with this man and you know Once he goes off to war or whatever he does you will be ALONE for 6months at a time eh?
My Uncle got a award from the Canadian Priminister in Ottawa here(where i'm from) and he didn't get to see my cousin nor my aunt for a very long time, YOU sure you wanna go through not seeing your hubby that long
THINK before you ACT out anything k?
2006-11-02 03:07:24 · answer #9 · answered by Anonymous · 0⤊ 5⤋
i know one thing you have to have your babies father sing over his rights and then y ou can go from there also just call a lawyer and they can also tel you how to go about this to.
2006-11-02 02:01:30 · answer #10 · answered by mi_amor_69_77 2 · 0⤊ 0⤋