QUESTION
What are the steps I need to take if my husband wants to adopt my 7 year old son?
Asked on Mar 22nd, 2013 on Child Custody - Delaware
More details to this question:
The biological father is absolutely supportive of this decision and is willing to sign his rights away without question. Do I need a lawyer or is this something we can do ourselves?
6 ANSWERS
John Arthur Smitten
You have to file for termination of parental rights and adoption. A lawyer is recommended.
Answered on Mar 25th, 2013 at 9:09 PM
You need a lawyer. The paper work is complicated and there will be a court hearing as well as an investigation. First you will terminate the parental rights of the bio dad and then there is a step parent adopt.
Answered on Mar 25th, 2013 at 1:37 AM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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I would recommend finding an attorney specializing in adoption proceedings, so that he or she can file the necessary petition for adoption with the Superior Court.
Answered on Mar 25th, 2013 at 12:55 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You do not necessarily need a lawyer, but one could smooth the way considerably. At one time clerks of court actually had forms for the two procedures you must follow, but I do not know if they still do. You must first petition for termination of parental rights. There are some details about what the biological parent must do to give up parental rights. At the same time or a bit later, you can file a petition for stepparent adoption. These are not very difficult procedures. There will be some costs involved, even without a lawyer, such as a court filing fee, and a fee to the entity with which the county contracts to do investigations into proposed adoptions. But everyone loves stepparent adoptions: they are among the few court matters which do not (usually) involve a lot of grief.
Answered on Mar 24th, 2013 at 9:37 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Look up the rules for a stepparent adoption. If you can figure it out yourself do it. If not hire an attorney.
Answered on Mar 24th, 2013 at 9:31 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can do by yourself but you have to follow procedure also. Packets are available with instructions from Family court for Adoption and Termination of Parental rights.
Answered on Mar 24th, 2013 at 9:22 PM