QUESTION
Do I file for child abandonment so my husband can adopt my child?
Asked on Sep 27th, 2012 on Child Custody - Alaska
More details to this question:
My son is now 4 years and 5 months. My husband and I have been married for a little over 2 years and he would really like to adopt my son. I was never married to my son's BIO but I did name my son after his BIO father. My son's BIO father hasn't paid any child support or put any effort to support my son in any kind of way and hasn't seen him since we left him over 3 years ago. My son calls my husband "Dad" and my husband treats him like his own. I was afraid to make the next step since I don't want to give my son's BIO father any rights. After waiting, I am now ready to do the stepparent adoption. Would I still need an attorney to file for child abandonment and then adopt?
1 ANSWER
Suzanne H. Lombardi
I would suggest that you hire an attorney to help you through this process. What you are trying to do is called a stepparent adoption. In order to sever the bio dad's rights you will have to prove that he had not had any meaningful contact for a year and that he has not paid for support for a year. He has to be served so that he can argue if he wants. An attorney can help shepherd you through this process so that you can effectively fight for your rights.
Answered on Oct 01st, 2012 at 1:02 PM