The only way to adopt a child whose parents are still living is if they sign a form that says they voluntarily relinquish their rights as parents to that child. The form will stipulate that they have no cause of action (no legal case) over this child in the future and can make no claim for anything from the child or from you.
Usually, with the help of a social worker or lawyer, these documents can be served and the parent can be made to understand that the child will be better off, be more stable, know his true caretakers etc. And you can always explain to your son's father that you will not prevent him from seeing him but that you need your son to be able to move on and create a father-son bond with his new dad, if that is the case. This might help persuade him to sign the papers and show that you aren't doing this out of ill feelings or to spite him. You just want what is best for your son. Good luck!
2007-01-31 14:20:59
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answer #1
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answered by Monique D 3
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How old is your son?
What they say is true: he has to relinquish rights.
Many fathers don't want to see their children, but they don't want to give up rights either.
Just know that whether your hubby adopts him or not,
there still are going to be complications.
The father and father's family will still be ther.
You can't just act as if the father doesn't exist. It does not work that way.
And, your husband will always be the second fatfather.
But, even if your hubby does not adopt, he can always say that he has always want edto.
This will make your son feel wanted.
Yes, the (no payment) is an incentive.
But, some men still have pride.
It will be hard growing up, but you will have to show him what a family "by the heart" verses
a family "biologically" differs.
2007-02-01 01:11:13
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answer #2
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answered by JAN W 3
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A bit more info would be helpful. Where does the father live in relation to you? Why doesn't he see his son? Does he have any contact with him? Have you spoken to him about your husband wanting to adopt the boy? He wouldn't have to pay support anymore. You should talk with a lawyer who specializes in these matters. In the meantime, go on the web for your state and see what the laws are. You are lucky he pays support. There are so many dead-beat dads.
2007-01-31 12:52:30
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answer #3
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answered by Santa's Elf 4
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I would speak to a lawyer about this. Also think about your childs best interest. It something was to happen a judge wouldn't let him gain custody anyways based on the type of personhe is. Especially if he is in and out of jail. The law provides that a Fathers’ consent to the adoption of his child is not needed if: The father was not married to the mother at the time of birth, If the father has not legally adopted the child, or If the Fathers’ paternity has not been established according to law. A father must be served notice advising him of the proposed adoption of his child and giving him 30 days to initiate a paternity proceeding in the Superior Court and to serve notice to the mother. If the father does not initiate a paternity action speedily and completely, he will be barred from asserting his interests in the child; he forfeits all rights. This is a drastic result and may unfairly affect fathers who cannot afford the cost of a Superior Court lawsuit on 30 days notice.
2016-05-24 00:20:53
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answer #4
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answered by Anonymous
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He would have to relinquish his rights to your son. Then, he would not be obligated to pay anymore child support. Just ask him if he would be willing to give up his rights as your son's father. If he's really a dirt bag, and it sounds like he is from your description, he will probably be willing to oblige you.
2007-01-31 12:33:23
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answer #5
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answered by Anonymous
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You can't. Unless you offer him release from child support obligations in exchange for his signature that your husband can adopt him.
If he VOLUNTARILY gives up his parental rights your presnt husband can adopt him ... but he will then not be required to pay child support.
2007-01-31 13:23:26
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answer #6
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answered by Anonymous
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You can't have his right's taken away.He would have to terminate his parental rights by his choice you cannot force him to give up his rights whether he was paying child support or not.
2007-01-31 12:33:33
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answer #7
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answered by Maureen B 5
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im sorry but that aint right
ask ur self a question
were u close to ur father
did u love him
if not u knew how it was without a dad
and if so u know how awsome it was
a boy needs his father
dont do this to him
ur son will NEVER forgive u
2007-01-31 12:47:45
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answer #8
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answered by Anonymous
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Ask him to give up his parental rights. You should call a lawyer.
2007-01-31 13:53:40
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answer #9
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answered by mamabear 6
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Have you tried asking him? Have you asked the courts what the requirements are?
2007-01-31 12:33:24
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answer #10
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answered by reddevilbloodymary 6
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