Where do i start this process? if i contact the real father what do i have to ask him for is the like a form that he has to fill out or can i just make up a paper and have him sign it? im sure he wouldnt contest this he is always dealing drugs and in and out of prison. i got pregnant at 17 he was 32.
my son is now almost 4 and he has never tried to see or help or contact me to see my son.
ill be getting married soon and the guy that im with want to adopt my son.
can we do this before or after we are married?
if you know of any good low cost attorneys in the los angeles area or so cal area that can help me i would appriciate the feed back
thanks
-Stephanie
2007-02-02 02:41:41 · 17 answers · asked by jdmprincess07 1 in Pregnancy & Parenting ➔ Parenting
i live in va but here is what i have learned...
my daughters father is also incarcerated. he will be until 2009 and has been in since 2002. she has no clue who he is, because when she was one i met my fiance and we are getting married in 6 weeks.
i spoke to a lawyer and they told me that yes, my fiance can adopt my daughter. but in some states, if biological father fights it, you will probably lose. your sons father's parental rights have to be terminated first, and being in jail isnt usually the best reason for such a drastic move (dont worry, i agree 100% with you, that a criminal who has done nothing, deserves nothing when it comes to their child.) this can get expensive unless you contact your son's father, tell him what you want, and then go to court and get it put into effect, as long as he agrees to surrender the rights. if not, you have to get a lawyer and fight over it. also, you have to have a lawyer for the adoption, so u may as well call one now...
call a lawyer, and call whoever in the court system handles custody cases. hope this helps! congrats and good luck!
2007-02-02 02:51:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
ur fiance can adopt the child once u are married, however the real father has to sign away his full rights before the fiance can become the father which i dont think he would have a problem with that if he's making no effert to see or spend time with his child anyways. But i dont know where to get the legal papers from so just try to do some research on the net and try the library or a Friend of the Court office. Good luck!
2007-02-02 02:53:10 · answer #2 · answered by Ma Baby 4 · 0⤊ 0⤋
I know the laws differ from state to state, but the one constant is the biological father MUST terminate his parental rights BEFORE your fiance can adopt your son. In some states you must be married 6 months before the adoption can occur, others 1 year. There is a form that your lawyer will present you with to get signed by the biological father. Then you will need copies of your marriage license, birth certifiate of your son, and signed termination of parental rights form, which needs to be notarized and witnessed by 2 people. I know this because my husband is currently adopting my son. It is a lot of work, but it is designed to protect the rights of the biological parents.
2016-05-24 05:03:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Contact a lawyer. They would know more on what forms you would need to have signed before you go through the process. I would imagine that all you would need if for the biological father to sign off on it. I don't live in California but I would maybe try call like the Department of Humans Services office...see if they know of any free community projects that could help you get free legal help.
Good luck, best wishes.
2007-02-02 05:41:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I just went through a simalar situation with my daughter. We first went to an attorney and he drew up the paperwork. We had to hire someone to find my ex but he was nowhere to be found. So we had to run an ad in the local newspaper once a week for 4 weeks. after that was complete they basicaly said he was nowhere to be found and the judge signed off on it. now if you know where he is he has to sign a paper giving up all this rights. if he won't do it you can take him to court and prove that he is not a good father and doesn't deserve his rights. which will be easy if he is a drug dealer. be prepared to spend a good chunk of money. We ended up spending about $1500 and everything went smooth. if you have to take him to court it will cost much more. Good luck
2007-02-02 03:40:02 · answer #5 · answered by ? 1 · 0⤊ 0⤋
He can adopt your son no prob. But I do believe that the father has to give up all paternal rights. Not to mention the fact that you have to be married to show that you are going to be togetther long term. Engagements can prevent marriages.
But, if you cannot find the father in a certain amount of time given by the court, then there is a no contest adoption.
2007-02-02 02:55:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes he can adopt your, but the courts will want you to be married first, and they have to have an official form that is notorized and signed by the father. You can start the process now, it just want be complete until after you are married. You start by going to a lawyer who deals in these cases because the paper will have to come from them.
Good luck I hope it all works out.
2007-02-02 04:14:28 · answer #7 · answered by trhwsh 5 · 0⤊ 0⤋
Yes - he can, but the biological father will need to relinquish his parental rights and needs to be notified. However, even if you don't know where he is or he doesn't respond, there are procedures to help facilitate this. I don't know any attorneys in CA, but you need to find one to start the process. Check with the Legal Aid Society for your state or one of the law schools in your area - even if they can't help you they can point you in the right directions.
I think you can do it before you get married, but for any number of reasons, it would probably be better to wait until after you marry.
2007-02-02 02:53:41 · answer #8 · answered by Jane 3 · 0⤊ 0⤋
You can go and talk to an attorney now for a "consult' and they should not charge you a thing for the first visit. They may be able to tell you what forms you need to fill and the process so that you can begin. In the meantime, you can start gathering your data about the birthfather. Arrest dates, offenses, etc., just in case he causes some problems for you. He may never relinquish his rights, and you may have to keep that in mind as well.
2007-02-02 02:48:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Get legal advise! Use a lawyer, an agency, children services or any other organization that may help. Use Yahoo to find local resources. Most places will either help or tell you where to go. Do not take action before knowing the rules because mistakes are very hard (and expensive) to fix.
2007-02-02 02:55:03 · answer #10 · answered by Dror 1 · 0⤊ 0⤋