My husband has a child with his ex-wife, he has full custody.
What rights dose she have in an adoption case? (since she dosen't have any rights but the right to pay child support and the right to visitation) Which she is behind in child support. Can that help with a step-parent adoption?
I know I need to talk to our laywer, I'm trying to get other's opinions.
2007-03-20 04:02:10 · 10 answers · asked by Dodge Ram Mama 2 in Family & Relationships ➔ Marriage & Divorce
As you can see from the answers - it is very state specific. In many states you cannot do a step-parent adoption unless the biological parent consents and/or has been found "unfit" by the courts. In other states a kind of "abandonment" will allow a step parent adoption to proceed without their consent.
What you need to remember is that while you see her only having the right to pay support and to visitation she also still has the right to be the "parent" to this child. That is major and taking it away is and should be difficult.
Good luck.
2007-03-20 04:28:47 · answer #1 · answered by CV 3 · 0⤊ 0⤋
I've been through it. The mother will have to give up all her rights to the child. This will also end her child support obligation. You will need a lawyer and the child will also need a lawyer. I know it sounds goofy. When I adopted my daughter, I had to pay a second attorney to talk to her for 5 minutes and tell the judge he agreed it was in the child's best interest for me to adopt her. The adoption laws also very a little by state. In Texas we had to have been married for at least a year before we could file for the adoption. If the mother is contesting the adoption it could get very expensive very fast.
2007-03-20 11:36:16 · answer #2 · answered by bugs280 5 · 0⤊ 0⤋
If there is an established relationship between mother and child it is hard to have rights terminated. I don't know the full story so it is hard to give advice, but if the mother has upheld her visitation privaliges then it will be difficult to adopt if she is not considered dangerous to the child or herself. It comes down to either her signing over rights or a court battle proving her an unfit parent.
2007-03-20 11:49:35 · answer #3 · answered by ~*Live*~*Laugh*~*Love*~ 4 · 0⤊ 0⤋
Unless she signs away her parental rights, you cannot adopt the child. Once she signs her rights away, she no longer has the privilege of visitation nor will she be required to pay child support. Turn her in for being delinquent on payments and get your money to support the child....she can set up a payment plan for what she is behind on. My advice to you is to also file the paperwork so that it comes out of her paychecks so she can't get behind again.
2007-03-20 11:27:25 · answer #4 · answered by Tangled Web 5 · 1⤊ 0⤋
A step parent may adopt if the child's natural parent has not paid child support for one full year and has not communicated with the child for one full year. If you can prove that, then you do not need the child's natural parents consent.
2007-03-20 11:12:45 · answer #5 · answered by MJ 3 · 0⤊ 1⤋
I don't know the rights, usually a step-parent has no legal rights, is that why you are trying to adopt? Doesn't the bio mom have to give up her rights in order for you to adopt?
2007-03-20 11:34:10 · answer #6 · answered by reddevilbloodymary 6 · 1⤊ 0⤋
i would think if he has total custody then it would not be a problem but...she could (mom) contest the adoption and make it a long drawn out ordeal.
i have custody of my child but his father is alive and well and still in the picture with him i would never allow another person to adopt my son that's just my opinion
2007-03-20 11:13:11 · answer #7 · answered by patbgone 3 · 0⤊ 0⤋
Paying child support or not, really has no bearing on visitation. It does when it comes to custody.
If she hasn't seen the child or paid support, then it might be considered abandonment. Otherwise, you would have to prove her to be a dangerous and incompetent parent... and that is hard to do.
2007-03-20 11:07:21 · answer #8 · answered by Me 4 · 0⤊ 0⤋
Adopting a step child is crazy expensive and time consuming even if there is no natural parent contesting, If she is contesting I hate to say it but you may be on the loosing end of the stick.
2007-03-20 11:05:49 · answer #9 · answered by Anonymous · 0⤊ 1⤋
the biological mother would have to give consent
2007-03-20 11:08:08 · answer #10 · answered by abc 7 · 0⤊ 1⤋