Husband wants to adopt my 4 year old son?

Question

I had a one night stand about three years after I split with my first husband and became pregnant. I contacted the guy and had the baby and he is now four years old. The courts have recognized that he is the father. I'm remarried now and my sons real father hasn't seen him since easter of 2003. I do not hear from him and he does not pay the child support ordered by the courts for him to pay. My husband wants to adopt my son and I need to know what steps I need to take to get this started and does his real father have to give up rights?

Excuse me but if a man wants to be a father then he should BE a father and that means waiting more than THREE years to see his child and HELP SUPPORT that child. He's a son of a you know what and my husband has been supporting and raising his child and evidently his doesn't give a fiddley fart or he'd BE HERE for his son.

Answer 1

Just get a lawyer and you will be ok

Answer 2

I don't know what state you're in, and every state has different laws. Some states allow for adoptions based on the prinicpal that the biological father has abandoned the child, but I'm not sure what the guidelines are for that. I am going through a similar situation, and in my state, we have to file the paperwork, my ex husband gets served, and then he can choose to sign the papers and let the adoption go through, or he can choose to contest the adoption. If your son's biological father contests the adoption then you are most likely going to have to be able to prove that he has not seen him since 2003 and that he does not pay child support. Your best bet is to contact a lawyer, because for something like this you HAVE to have a lawyer. We were going to do this without a lawyer, but I found out that if you don't file the correct papers at the correct time, the case gets thrown out and you have to start from scratch. Also, some states will do an in home study where a social worker comes to your home to talk to all the family members and view how you live. Here are some websites where you can research more into your state's laws on this. After looking at them you will, at the very least, have an idea of what this is going to take.

http://adoption.about.com/od/adoptionlawsbystate/

http://www.law.cornell.edu/topics/Table_Adoption.htm

http://www.childadoptionlaws.com/child_adoption_laws/adoption_laws

From the research I've done, it takes at the very least about $1500 to retain a lawyer for this type of case. If the biological father contests the adoption, it will probably cost more. You can contact most lawyers and they will do a free consultation. Also, check with your city/state legal aid services. They offer free or discounted legal services to people, although I'm not sure if this type of case is something they take on. I wish you the best of luck!

Answer 3

You need to call the clerks office in the county you live in and ask. It's different in each state. The real father has rights but he also has obligations that he is not meeting. So, if you know where he is you can hold that over him...go to jail or sign your rights away. you will need a family law attorney and they usually have a pretty set fee for this. Call a few in your area and see what they charge. Reasonable efforts must be made to allow the child's father to step up to the plate but, since he hasn't he probably won't. Now, this husband who is adopting will have all rights that you have as far as this child goes. So, be absolutly sure this is what you want and know what it means. Good luck.

Answer 4

Yes. Not only your present husband can adopt the child but also any body can adopt t he child. But for this certain legal formalities are to be observed. He (your present Husband) must give in writing an affidavit that he is adopting the child and he will look after him. The reasons for this must be qouted that the real father has not sent any financial support for the last three years. The court will summon your previus husband and then he will be announced decision by the court that this child is being adopted by your husband. It is legal process and must be adopted. I think that your previous hubby will have no objection as he does not appear to be interested any more in the bringing up of your child.

Answer 5

If the real father protests the adoption, the adoption process will be ended no matter what you want. That is the law in most states.

If your baby is adopted, you ex will not owe you one dime for child support, because he is no longer the legal Father. There will be a chance you would get back child support....but that is very iffy...depending in the state you live in.

Good luck. You will need a lawyer for this one.

Answer 6

just because he doesnt pay court order support and hasnt seen his child in three years doesnt mean he cant be the childs recognized legal parent, SORRY. but if you get a lawyer, and contact the father, try to get him to agree with the adoption, it will make your life a lot easier.

Answer 7

You need to contact a local family law attorney because the laws vary by state. You will most likely either need to get the sperm donor's written consent or file a petition with the court to terminate parental rights before the adoption can go through.

Answer 8

First off, way to go husband! That is so great to want to do that.

Now, what you need to do is contact a family lawyer. They will get you through the entire process rather painlessly. And you will need one anyways when you go before the courts so you may as well get one now.

Sounds like you have a great great family. I hope you have the most blessed of holidays.

Answer 9

Consult a lawyer. There are legal issues that only a lawyer knows.