QUESTION
How can the father of my sons sign over his rights to my husband if he is in different state?
Asked on Jan 02nd, 2014 on Family Law - Washington
More details to this question:
My question is concerning the father of my oldest two sons voluntarily signing over his rights and my husband adopting them. I currently live in Washington state with my husband, my two sons and our two other children (that are biological his and mine). He is in the navy and we are stationed here. My sons were born in the state of Florida and that is also where the biological father still resides. He is ordered to pay child support, but owes about $12,000 in back pay. We were never married and he left his me and his sons when they were 1 and 2 (they are now 9 and 7). There has never been a custody agreement and he has not seen them since 2008 and has no contact with them at all. My husband has been the 'acting father' for about 6 years now (we've been married for 5) and they have been listed as his dependents in the navy for over 4 years now (not that it means anything to the courts, I presume). I have asked him if he is willing to sign over his parental rights so that my husband can adopt him and he agreed. So how do we go about doing this considering that he is in Florida and we are all the way up here in Washington? I have an appointment with Navy legal in 2 weeks to discuss the matter and have them help us file paperwork, but I'm a little impatient and just want to see if anyone has done this before and what it might entail. I would also like anyone's advice as to whether this is something we should do on our own (with help from navy legal aid) or if we are better off finding a local attorney.
3 ANSWERS
Dave Hawkins
If paternity was never established, that is the first step . Then a Petition for step-parent adoption is filed in Wa. state and served on the biological father in Florida. A social worker is appointed by the court in Wa. state who will then either approve or deny the Petition.. A social worker has to be appointed to confer with the biological father and to investigate the potential adopter to determine if the adoption is in the children's best interests.
Answered on Jan 07th, 2014 at 6:18 AM
Estate Planning Attorney serving Seattle, WA
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What you will be doing is a "step parent adoption" and as long as the bio father is agreeable, then it is a pretty simple process. Your husband files an adoption petition in your county's superior court. The father signs a "consent" form and you sign something similar. WA state is the place to do this. Then the court appoints a guardian at litum ( a social worker) who does a short review/interview of you /husband and the two children at your house and will issue a report saying it is in the children' best interests to be adopted. Then there is a short hearing with the judge - takes 10 minutes - and the adoption decree is issued. The father's past due child support will remain owing but his future support is cut off when he is no longer the father. You might be able to do this just using legal aid, but a lawyer would charge you something like $1500 - $2500 since it is not a contested case, just a bunch of paper shuffling.
Answered on Jan 07th, 2014 at 6:18 AM
Ruth Emily Vogel
This requires an adoption and relinquishment process combined. If all parties are in agreement it can go very smoothly. You will need to have a social worker do a home study to reassure the court that it is a good place (it obviously is). If he owes back support through the state system that will not be discharged by the adoption, but future support would be. We would be happy to work with you.
Answered on Jan 07th, 2014 at 6:17 AM