My husband's ex-wife says she is gettting remarried. If her new guy wants to adopt my husband's kid, is it legal without his permission? Will my husband still have to pay child support? He doesn't even get to see his kid they live 3,000 miles away on purpose.
2007-07-20 14:46:17 · 21 answers · asked by MaggieMae 4 in Family & Relationships ➔ Marriage & Divorce
No. Your husband would have to give up his parental rights. If he did that, and the ex's new husband adopted him, that would terminate the child support. He should consult with his lawyer.
2007-07-20 14:50:07 · answer #1 · answered by Le_Roche 6 · 0⤊ 0⤋
They will have to have him served with parental right termination paperwork and have a set court date for him to appear and fight it. Depending on what state they live in and the situation, if your hubby does not show up on the date the papers say, then he loses by default and gets stripped of his parental rights. If he does not want to lose his rights, then he has to go to where they are to fight it. If he wants to see his kid then he needs to petition their courts for visitation and/or some form of custody so he can see his child. If he can get it court ordered and his ex does not comply, she will get in deep s h i t.
And a lot of people made a good point: how come your hubby isn't trying to be a father to his child. He can pick up a phone and call, can't he? Use a pen or pencil? E-mail?Don't say it is because the ex won't let him. Is it all a "poor me" act so people will feel sorry for him? "Oh, poor me, my wicked ex won't move closer to me and now I have to make an effort to see my kid!". If that is the case, then the child is better off with a man who wants to be their father.
2007-07-20 16:02:52 · answer #2 · answered by Ghost Writer 3 · 0⤊ 0⤋
If your husband is paying child support by order of the courts, then no. Your husband would have to sign off on his parental rights before the child could be adopted. Sounds like his ex is a real piece of work.
2007-07-20 18:02:41 · answer #3 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
My son lived 3000 miles away from the time he was two till the time he was 12 when they moved closer. I wrote him every day, I emailed him each night, I called every other day and made a video once a week. I spent every single vacation with him
Your husband's only excuse for no being close to his kid is his own laziness. parenting is hard work, parenting from a long distance is even harder. So what? It is his kid tell him to stand up and act like a Father
As to child support I am proud to pay mine He should be to
2007-07-20 15:03:10 · answer #4 · answered by Thomas G 6 · 1⤊ 0⤋
They are suppose to notify him. Child support will not be necessary. The child will no longer be his. I am positive he will not have to pay if the child is adopted. Have your husband been on his job as a father? This will be one of the fighting tools they will have if he has not. Which could make the answer yes. Obviously he does not have a relationship with the child. This could make adoption very easy for the new dad., The court will ask his permission, But the judge can over ride his "No" His life style will also have a great bearing on it to.
2007-07-20 14:57:53 · answer #5 · answered by MS Williams 5 · 0⤊ 0⤋
Nope, no one can adopt your husband's children from previous marriage/relationship unless your husband signs away all parental rights. Once his ex wife's new husband adopts the children they become LEGALLY his and HE will be responsible for their support and not your husband.
2007-07-20 18:58:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Not unless they can prove abandonment. In the USA, they will either need his signature to nullify his parental right (which will vacate the order to pay child support as the child will no longer be his) or they will have to place an add in the newspaper in the last known city for 1 year and if the father does not come to contest it then legal adoption can occur.
2007-07-20 15:34:36 · answer #7 · answered by MJ 6 · 0⤊ 0⤋
legally no that cannot happen but if the mother remarries and they all live so far away the point is rather moot isn't it. He should check with the court and the wording of his court order about the child support but they are still his children even if he does not see them. He can always use letters and the internet to keep in touch with the kids if he really wants to and if she denies him access he can take her to court.
2007-07-20 14:50:21 · answer #8 · answered by CindyLu 7 · 0⤊ 0⤋
In most states theonly way that is possible is if the fathers name is not listed on the birth certificate and the mother claims to have no idea as to who the father is. If the child is adopted your husband will not have to pay child support, he will no longer be financially responsible for the child.
2007-07-20 19:25:25 · answer #9 · answered by crhlovesmlh 1 · 0⤊ 0⤋
Only if your husband signed away his parental rights. My advice would be for you and your husband to relocate there so he can have a relationship with his son.
2007-07-20 16:52:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋