QUESTION

How do you start the adoption process?

Asked on Jun 18th, 2011 on Child Custody - North Carolina
More details to this question:
My ex husband's rights to my four children have been terminated. He signed off on his rights. My current husband wants to adopt my children. How do I start this?
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8 ANSWERS

Family Law Attorney serving Everett, WA at Burkhalter Law PLLC
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The adoption process can be somewhat complicated. You should contact an adoption lawyer such as Mark Demaray of Edmonds, Washington to guide you through the process.
Answered on Jul 11th, 2013 at 2:47 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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The detailed answer to your question depends on what state you live in because each state has slightly different procedural rules. It isn't totally clear if the biological father's rights have been terminated by court or if you are basing your statement on nothing more than the fact that he "signed off". In either case, the process will begin with your current husband filing a petition to adopt the children (technically, there will be 4 separate cases, all handled together as one by the court). That Petition will be supported either by (a) the court order terminating the father's rights or (b) written consent from the bio-father. In Colorado, the courts in each county have unique local procedures controlling how the case is processed once the Petition is filed.
Answered on Jun 21st, 2011 at 1:11 PM

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William Guy Pontrello
Most clerks of probate court have self help forms. best to consult a local probate lawyer.
Answered on Jun 21st, 2011 at 1:10 PM

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Adoption is one of the nicest things we do in the probate court. The final decree is typically a funny hearing the judge gets involved. But the process should not be taken upon without legal assistance. Contact your local domestic relations attorney for further information.
Answered on Jun 21st, 2011 at 12:09 PM

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How you do it is going to vary from state to state. To start off, in Washington, your spouse would need to file a petition for adoption and have the court appoint a guardian ad litem to do a post-placement investigation.
Answered on Jun 21st, 2011 at 12:09 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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You need to file a Petition for Adoption by a Step Parent. It can be a slightly complicated process, even with the father's consent, and his right need to have been properly terminated and/or his consent properly given. A piece of paper that he has signed stating that this is what he wants to do will not suffice. You should probably consult with an experienced family law attorney to assist you in the process in order to ensure that the necessary procedures are followed and necessary paperwork filed. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office to schedule same.
Answered on Jun 21st, 2011 at 10:14 AM

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Glen Edward Ashman
First of all there is NO such thing as him signing away his rights with the SOLE exception of him signing proper consents during an adoption. So get a lawyer, stop drafting paperwork that won't help, and do an adoption properly.
Answered on Jun 21st, 2011 at 10:03 AM

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Family Law Attorney serving Chapel Hill, NC
Adoption is a statutory process. Our firm offers free consultations for adoption cases.
Answered on Jun 21st, 2011 at 9:59 AM

This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.

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