QUESTION
How can I proceed with terminating my sons biological fathers parental rights after he has agreed to sign them over to me?
Asked on Jul 07th, 2012 on Child Custody - Louisiana
More details to this question:
My sons biological father has not been in his life or seen him since he was 6 weeks old. Also, he has not supported him at all. He has agreed to sign over his parental rights so that my husband can adopt him.
22 ANSWERS
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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My firm handles these types of adoption matters.
Answered on Jun 28th, 2013 at 9:57 PM
Suzanne H. Lombardi
If the biological father has signed over his parental rights the next part of your journey would be to do a stepparent adoption. An attorney can assist you with this. It should be fairly straightforward if the biological father has agreed to sign over his rights.
Answered on Aug 08th, 2012 at 12:11 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You need an attorney. This is not a matter that you can handle singlehandedly.
Answered on Aug 07th, 2012 at 11:15 PM
Dennis P. Mikko
Within the adoption proceeding, the biological father would sign off his rights and allow the adoption to proceed. An attorney would be able to help you with this.
Answered on Aug 07th, 2012 at 1:46 PM
A termination of parental rights must be done based upon a finding by the court that your child's father is unfit based upon evidence usually gathered by child protective services and other witnesses. With this information, the court can terminate his parental rights in the best interest of the child. Your child's father can not simply sign over his rights and have that be binding. You must file a motion in Circuit Court requesting a termination of his parental rights and list the reasons you believe that his rights should be terminated. A failure to pay child support or a failure to spend adequate time with your child are not sufficient reasons within themselves.
Answered on Aug 07th, 2012 at 1:22 PM
Child Custody Attorney serving Roseville, MI
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Law Offices of Maryanne Spryszak-Hanna, PC
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You need to file for adoption, but the bio dad has to formally renounce his rights in family court before that can happen. Check with you county clerk or legal aide.
Answered on Aug 07th, 2012 at 12:34 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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You need to do a stepparent adoption at the same time you terminate. In general, The judge will not terminate his parental rights without another to step into his shoes. You should contact a family law attorney who does stepparent adoptions in your area to assist you, as the procedure is quite cumbersome and confusing.
Answered on Aug 07th, 2012 at 12:19 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You said the magic words: "(S)o that my husband can adopt". Go to a family lawyer and instruct him/her to initiate a step-parent adoption. The form the bio dad must sign is relatively simple, but must be executed properly to protect your family. Adoptions are one of the happy things the probate court does. Usually the Judge and her whole staff is in a great frame of mind because the court is creating a family rather than supervising people or assets. Congratulations and please make sure your son knows he is one lucky little guy!
Answered on Aug 07th, 2012 at 11:48 AM
Immigration and Naturalization Attorney serving Knoxville, TN
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Gardiner & Associates Attorneys at Law
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You can file a step parent adoption and Agreed termination of parental rights I recommend you use a family law attorney in your area to prepare your petition and not try to do it on your own.
Answered on Aug 07th, 2012 at 11:46 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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After the adoption is filed there has to be a termination hearing. If the father signs the termination voluntarily, the court will enter that as an order and then proceed with the step parent adoption. The father's rights will not be terminated until a petition for adoption has been filed.
Answered on Aug 07th, 2012 at 12:54 AM
Barbara A. Fontaine
Proceed with the adoption process.
Answered on Aug 07th, 2012 at 12:52 AM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Your husband can file a Complaint to terminate the rights of the biological father and to adopt your sons. He cannot just file to terminate and later file for the adoption.
Answered on Aug 06th, 2012 at 9:39 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney for a step-parent adoption. The attorney will prepare a consent for the father to sign.
Answered on Aug 06th, 2012 at 9:37 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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File to terminate his rights on the basis of lack of support and no visits.
Answered on Aug 06th, 2012 at 9:36 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You must file a petition for step-parent adoption.
Answered on Aug 06th, 2012 at 9:01 PM
If the biological father will surrender his parental rights, your husband can file a stepparent adoption. It is absolutely necessary that you employ an lawyer with adoption experience to assist you.
Answered on Aug 03rd, 2012 at 11:05 PM
Leonard A. Kaanta
You need to file an action to terminate his rights.
Answered on Aug 03rd, 2012 at 9:56 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado the father's rights can be terminated by the Court only as a part of a step-parent adoption case. Your husband needs to file a Petition for adoption and comply with the procedures involved in those kind of cases. You should consult an attorney to at least explain the procedures and requirements to you.
Answered on Aug 03rd, 2012 at 9:47 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, you can't terminate someone's parental rights unless someone adopts your child. It may be different in your state.
Answered on Aug 03rd, 2012 at 4:20 PM
Marc John Weinpel
You can file a "Petition for Termination and Adoption" in one proceeding. We would arrange for the biological father to appear before a Judge in Idaho to sign a "Consent to Termination." It is necessary that that document be signed before a Judge. The adoption proceeding can then go forward.
Answered on Aug 03rd, 2012 at 4:19 PM
If the biological father agrees to allow your husband to adopt your son, then you may be able to proceed simply by having him sign an consent to the adoption (without needing to file a separate action to terminate his rights). I recommend you consult with an attorney to discuss this matter further.
Answered on Aug 03rd, 2012 at 4:19 PM
1 Award
You need to retain an attorney to represent your husband in an intrafamily adoption. The attorney can draft a surrender of parental rights for the?biological father to sign wherein he will terminate his parental rights to the child.
Answered on Aug 03rd, 2012 at 4:13 PM