QUESTION
How do I adopt my step-son since his biological father isnt on the birth certificate?
Asked on Dec 03rd, 2013 on Family Law - South Carolina
More details to this question:
My son is 3 yrs old, I have been with him and my wife since shortly after his first birthday. His biological father is in and out of jail for various crimes and has never been listed on the birth certificate. We live in South Carolina and this guy has never once tried to find my son. Hes not even on child support because its just better for my son that way. My 3yr old knows me and me only as his father, and I want to keep it that way. His bio father has contacted my wife and threatened her with court and to take our son away now that hes out of jail apparently - I don't think he can, since he abandoned them after he was born, but I need help with this. Please give me some advice!
1 ANSWER
2 Awards
Lets start with the birth certificate....if he is the father and it is not disputed then that does not matter. If you want to dispute it then a DNA test can be done. I am going to assume it is not disputed and that he is the father. In our state you can terminate a parent's rights in a number of ways. If he has failed to visit for a 6 month period that is a basis for termination. If has not paid child support for a 6 month period that is a basis. Also if there is a substantial criminal history with this guy that could be a basis. So what you need to do is petition the court for two causes of action...to adopt the child and also terminate the father's rights. The father has to be served the petition and summons, however, if his whereabouts are unknown then the court can order that a publication be done in the last known county of residence. You should do this as soon as possible. If he files for visitation and wants to establish a relationship with the child then the adoption will become much more difficult.
Answered on Dec 03rd, 2013 at 5:19 PM
This response is general in nature and should not be considered legal advice.