Okay I had a son in 03 which the birth father was not around at all and his name is not on the birth certificate then when my son was almsot one the birth father reconnected until my son turned two when I got married and has not reconnected since and my husband wants to adopt my son. how would I go about this(the adoption) ? Im in missouri and the last time my son saw the birth father was in march 05. And can I bring evidence to the court stating why he should have no rights?
2007-10-16 12:56:35 · 4 answers · asked by Mamichula 1 in Politics & Government ➔ Law & Ethics
I checked Missouri adoption law on line (just google missouri adoption laws) and I discovered consent for adoption is not required from a parent who has abandoned a child over the age of 1 for more than 6 months. As a lawyer, to be safe, I'd publish the notice of proposed adoption in your local newspaper. If you know where the father is, I'd give him notice. However, this does not seem to be required by law. Nonetheless, if you do these things, you can forestall any future challenge. You really should see an attorney to do this correctly. It could save you a lot of headaches in the future and step-parent adoptions are generally easy and cheap. I am not licensed to practice in Missouri, however. At least consult an attorney for advice.
2007-10-16 13:09:42 · answer #1 · answered by David M 7 · 0⤊ 0⤋
You may want to find out what the biological father wants, that will make the process a lot easier. If he's paying child support and really doesn't want to be in the situation, all you may have to do is file the paperwork and go to court over it to make it official. If he does want to be in the situation(which sounds unlikely) then you'll need to gather the appropriate evidence as far as rights go, but I don't think you could actually get your husband to become his adopted father anyways without consent by the biological father. Course that depends on how the appropriate courts deal with those situations.
2007-10-16 20:04:36 · answer #2 · answered by Sephyx 2 · 0⤊ 1⤋
The step-parent usually petitions for adoption. You will have to give notice to the biological father, by publication if you have no real address. And if he shows up to oppose the adoption (unlikely, since it's the only way he can get out of child support), you certainly can bring in all the evidence about his fitness as a parent.
2007-10-16 20:03:45 · answer #3 · answered by thylawyer 7 · 2⤊ 0⤋
You can ask the father to sign off on paperwork giving up his rights. The good news for him is that he would never have to worry about paying child support.
2007-10-16 20:00:06 · answer #4 · answered by Anonymous · 2⤊ 0⤋