QUESTION
Can my current girlfriend legally adopt my son after we get married?
Asked on Aug 26th, 2012 on Child Custody - Pennsylvania
More details to this question:
My ex girlfriend and I have a 2 year old son. I am about to marry next month to my current girlfriend, can my current girlfriend adopt my son after we marry since I am paying child support or does that only apply to the full custodial parent?
23 ANSWERS
Steven D. Dunnings
No.
Answered on May 29th, 2013 at 10:34 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 29th, 2013 at 10:22 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You ex would be able to say no.
Answered on Aug 30th, 2012 at 6:41 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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After you and the new girlfriend are married for six months she can attempt yo adopt. But if the birth mother won't consent and you can't prove abandonment or neglect by the birth mother, your new wife will lose.
Answered on Aug 30th, 2012 at 6:40 PM
Dennis P. Mikko
Your girlfriend could only adopt your son if his mother was willing to relinquish her parental rights. If she is unwilling to do, there is nothing you can do to force her.
Answered on Aug 30th, 2012 at 6:38 PM
1 Award
She can adopt your son only if the mother agrees to it.
Answered on Aug 30th, 2012 at 6:36 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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Under current Texas Law, a child can only have one mother. Your child has one already.
Answered on Aug 30th, 2012 at 6:35 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Before one can adopt a child, the other biological parent's rights must be severed. Grounds for termination of parental rights include abandonment, mental illness and other significant issues. Termination means severing a constitutional right so it is very difficult to do.
Answered on Aug 30th, 2012 at 6:34 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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It depends on whether the ex would consent to the adoption, and if not how much contact does the ex have with the child. If she does not consent and she is a regular part of the child's life, then the answer is no, your new wife could not adopt the child.
Answered on Aug 30th, 2012 at 6:33 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado she could legally adopt the child ONLY if the mother consents to the adoption unless you could establish grounds to terminate the mother's parental rights involuntarily. If you are the parent paying child support, it is unlikely there are any facts that would allow involuntary termination of the mother's rights, but you should consult an attorney sometime after you are married to determine the options available.
Answered on Aug 30th, 2012 at 6:32 PM
The first thing that you need to do is employ the services of a family law attorney with experience in handling adoptions. In many jurisdictions, a stepparent should have little problem adopting a stepchild if all parties consent. If the mother will not agree to surrender her parental rights and give custody to the other parent and the stepparent, those parental rights will have to be terminated and custody awarded to the parent and stepparent in accordance with the procedure in your state .
Answered on Aug 30th, 2012 at 6:31 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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The only way she could adopt your child is if the biological mother is willing to terminate her parental rights, or there are grounds for an involuntary termination of parental rights.
Answered on Aug 30th, 2012 at 6:30 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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The court would only allow a step-parent adoption if the mother of the child agreed to it or if the biological mother for some reason had her parental rights terminated or were deceased.
Answered on Aug 30th, 2012 at 6:20 PM
Barbara A. Fontaine
Your ex girlfriend is the child's mother. If she marries, you do not lose being the child's father. So, no. You are paying a share of the child support because you have a child. I hope you visit this boy, even after marrying another woman. Do not try to take the child away from his mother. Your girlfriend can be a nice stepmother. Think of the boy.
Answered on Aug 30th, 2012 at 12:25 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Your new wife can opt provided that the ex-girlfriends parental rights are terminated.
Answered on Aug 30th, 2012 at 12:23 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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I imagine the mom might have a problem with your girlfriend adopting her child.
Answered on Aug 30th, 2012 at 12:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would be doubtful unless the natural mother is willing to surrender her parental rights.
Answered on Aug 30th, 2012 at 12:06 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Maybe, The child's mother would have to go along, or have abandoned the child. Please discuss this with a family law attorney to follow the right process.
Answered on Aug 30th, 2012 at 9:46 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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If you can terminate the mother's rights by agreement.
Answered on Aug 30th, 2012 at 9:44 AM
Under normal circumstances, your current girlfriend, soon to be wife, cannot adopt the child of your former girlfriend without that girlfriend's consent.
Answered on Aug 30th, 2012 at 9:38 AM
In order to adopt, the non-custodial parent would have to have their Parental Rights legally terminated. Termination of Parental Rights does not come easy, it has been called the "death penalty" of family law. On the other hand, the non custodial parent can relinquish their parental rights voluntarily. If the child is adopted, the terminated parent no longer has child support obligations.
Answered on Aug 30th, 2012 at 8:53 AM
A child can only have one legal mother and one legal father. Unless the biological mother consents or has abandoned the child, your soon-to-be wife cannot adopt your child (she would be the child's step-mother). Similarly, even if your ex gets married, her husband cannot adopt your child unless you consent or legally abandon the child (he would be the child's step-father).
Answered on Aug 30th, 2012 at 8:45 AM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Yes but only after the bio mother's parental rights have been terminated.
Answered on Aug 30th, 2012 at 8:43 AM