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Has anybody done a step-parent adoption? How do I start?

My ex hasn't seen our son in approx 5 years. Refuses to. He got a lawyer to drop his C/S to zero, which went into effect 1/01/2011. He has OCD and his mother says he's mentally unable to leave the house.
So...my perfectly sane and financially responsible husband wants to adopt him officially.
And tips on how to start the process, hopefully without a lawyer.

Answer Question
 
Orionsgirl

Asked by Orionsgirl at 6:35 PM on Jan. 26, 2011 in General Parenting

Level 31 (48,442 Credits)
Answers (5)
  • You have to get the father to legally sign away his rights as the father and THEN you go from there. You should probably use a lawyer since you do have to get the ex to sign away his rights.
    twinsplus2more

    Answer by twinsplus2more at 6:37 PM on Jan. 26, 2011

  • So if we file and serve him the papers but he doesn't show up in court, we still won't be able to proceed with the adoption...great.
    Orionsgirl

    Comment by Orionsgirl (original poster) at 6:38 PM on Jan. 26, 2011

  • I have asked the bio dad before if he'd sign over his rights. He refused. He refuses to see him, pay for him, and he refuses to allow another man to step in and officially be daddy.
    Orionsgirl

    Comment by Orionsgirl (original poster) at 6:44 PM on Jan. 26, 2011

  • Congrats i'm, so evnvious. i would probably say that you would have to have an attorney but since your ex is willing to sign away his rights than it should be as easy a getting a court date and the judge signing the paper work. Good luck.
    MomaWeeks

    Answer by MomaWeeks at 9:49 PM on Jan. 26, 2011

  • The laws vary from state to state, you really need to contact a lawyer even if it is just for a consult. I adopted my SS and my husband adopted my son. My son's adoption was on abandonment charges and SS was because BM died (committed suicide, drug addict.) We lived in GA, and if BF doesn't show up for court than the adoption would go through but, like a PP said in FL the father HAS to sign off on it. You could have his rights terminated by a judge if he really is crazy but, you really need an attorney. Good luck though!!
    matthewscandi

    Answer by matthewscandi at 9:51 PM on Jan. 26, 2011

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