QUESTION
Will it be possible for my fiance to adopt my son after we are married?
Asked on May 13th, 2013 on Child Custody - North Carolina
More details to this question:
My son is 5 and has been "abandoned" by his biological father since the age of 10 months. No court ordered child support has been paid in 4 years, and the biological father has seen the child for less than 4 hours in the last 3.5 years. Will it be possible for my now fiance (together for 2 1/2 years) to adopt him at some point after we are married in September of 2014?
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
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Once you are married, give it a shot. You will have to notify the father, but chances are he doesn't care and your new husband will have a new son.
Answered on May 15th, 2013 at 5:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Yes, if the biological father's pattern of behavior and lack of support continues, it would be possible, even over his protest, in Michigan, to terminate his parental rights to allow the adoption.
Answered on May 15th, 2013 at 4:53 AM
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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A stepparent adoption can occur after you have been married for one year. It can occur with the bio dad's consent OR without consent if the bio dad has had no regular contact in at least two years AND has provided no substantial support in at least two years. Contact a qualified attorney or your local Probate Court after your first anniversary.
Answered on May 15th, 2013 at 4:22 AM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
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You will need to petition to have the biological father's parental rights terminated. If that is granted, you can then proceed with the adoption. Note that if the biological father's rights are terminated you will no longer be entitled to child support - but since he isn't paying away, that shouldn't be too much of a concern.
Answered on May 14th, 2013 at 10:19 PM