QUESTION
Will I still need my child's father's consent on a step parent adoption and why?
Asked on Jun 26th, 2015 on Child Custody - Washington
More details to this question:
My son is almost 10 (will be in March) and would like for my husband to adopt him and wants to take his last name. His father and I were never married and he's never taken me to court to gain any sort of parental rights or visitation of our son. There is a child support order in effect that began in 2006. My son's fathers has never kept a consistent active role in our son's life. We don't see him or hear from him for months at a time. He went a year without seeing/talking to our son on 2 occasions so far. He's $8000-9000 behind on our support order. Will I still need his consent on a step-parent adoption and name change?
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Well, you will need first to terminate his parental rights. If he agrees, then it's a few minutes before a judge. If he does not consent, then you have to make it and involuntary termination of parental rights. You might well prevail, but it's a lot more effort. I strongly suggest you reach in and experienced family law attorney to advise and represent you. It's almost always worth the investment.
Answered on Jun 29th, 2015 at 3:12 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Yes you will. Either his consent or a court order terminating his parental rights.
Answered on Jun 26th, 2015 at 7:51 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes. If he refuses, the court can order it, but that depends on many things. Get a lawyer to help you with this.
Answered on Jun 26th, 2015 at 7:30 PM