I have a son who will be 5 in july. His biological father has never seen him and pays child support sporadically. He has never shown an interest in seeing or being a part of his sons life. My ex- husband has helped raise my son since the day I brought him home. Even when we are not together he still treats him as his own. When he comes to get our other 2 sons every other weekend, he also gets my 4 year old . He is the one my son has always called daddy. My ex would really like to make it official and adopt him. I need to know how hard it will be to have the biological fathers rights terminated. I know he lives in the same town as I do, but i haven't talked to him in over 5 years. What steps should I take to get the ball rolling.
2007-05-19 08:30:14 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
It is not that i am trying to just take away someones parental rights. He does not want to have a relationship with this child and I am sure that He would be willing to sign over any rights if for no other reasn then to stop having to pay child support. I am just needing to know how you go about doing that.
2007-05-19 09:07:20 · update #1
Is his name on the birth certificate? You'll need to file a petition for adoption with the county you live in. The sperm donor will need to be served. If he doesn't show, its better for you. As long as you've show you've given proper notice to him then the court will usually proceed with out him. In most cases there is an attorney or GAL appointed by the judge. The GAL will evaluate the family to see if this is in the best interest for the child.
This is something that can be done. See if your area has Legal Assistance. Call your county court house for that information. Also, try the bar association for your county. There might be an atty that would help pro buno. Good luck!!
2007-05-19 15:25:47 · answer #1 · answered by Michelle R 2 · 0⤊ 0⤋
See a lawyer, to start with. Find and keep from now on any documenation you can about him not visiting, not helping with the financial and emotional needs of the child. That will help you in court.
In NM, the lawyer will file with the court, their will be a hearing on wich all parties will attend. If he can not be found to be summoned to court, a legal notice will run in the paper to serve that he was atleast tried to be notified. A judge will make a final desicion.
So start with a free consulation with a lawyer.
Good Luck!!
2007-05-19 08:34:57 · answer #2 · answered by sweetie_baby 6 · 0⤊ 0⤋
he needs to be summoed and petitioned for that to happen
as courts will not terminate his rights unless efforts are made to show abandonedment and even then the burdern is on you to show proof that he was summoned for court for the petion to be granted. he has legal rights, no judge will let you involutarily sign away his legal custodial rights
2007-05-19 08:34:07 · answer #3 · answered by Anonymous · 1⤊ 0⤋
yup, Attorney and some money honey it's not going to be cheap.
2007-05-19 08:35:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Attorney, and checkbook
2007-05-19 08:33:06 · answer #5 · answered by luckford2004 7 · 1⤊ 1⤋
Try help it may help you. http://adoptionnetwork.com/?GCID=GOOG&KEYWORD=adoption&gclid=CKyWrKj9mowCFRlmWAodVAGk7A
adoption.domestic open adoptions.free birthmother assistance.adoption attorneys.
2007-05-19 08:38:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋