In 2016, I filed to move from CA to Indiana with my son and fiancé. This was done as it is harder for a court to overturn a Will passing rights to a grandparent than leaving my custody to my husband which my ex would fight. For literal years I had to beg every month for $300, anything, to help is get by. If something happens to me, he wants to stay here with my husband. I know how difficult this is. When the court finalizes a stepparent adoption, the child will receive a new birth certificate with the adoptive parent’s name listed in the biological parent section, and if desired, will also take that parent’s last name. Adoption is a permanent legal action that has many implications and you want to be sure you do it right. Ex just had no concept of what it took to raise a child. My son would email him and get no response. The materials provided on the website of Stuart & Blackwell, PLLC are for informational purposes only and are not legal advice. Gosh that makes me mad!! If that parent is the mother or a Presumed Father, file an Abandonment Petition Freeing the Child From Parental Custody and Control. I wonder what the chances are of my husband being able to adopt them through a contested adoption. There are four common situations where consent … I’m still mad about that. Independent Adoption. For this reason, many stepfathers want to preserve their rights and their relationship with their stepchild by legally adopting the child as their own. Unwed fathers who don't respond to an adoption notice usually lose this right as well. Is Adoption Possible without Parental Consent? I think now that my son is older he is able to see through his fathers BS. Under Arizona laws, stepparent adoption is a relatively simple process with fewer requirements than other types of adoption. In some states, fathers must register with the Putative Father Registry to protect their paternal rights. We were originally going to pursue a guardianship that didn’t severe parental rights, but now my son has decided he wants a full blown adoption. I can’t claim parental abandonment because he is paying child support and is now in contact with my son, is there another defense? These adoption forms are basic forms for simple stepparent adoptions with consent. I enrolled my son and he instantly changed for the better, both at home and academically. This is not strictly true, and greatly oversimplifies the matter. If he does not object, the adoption will be granted if it is in the best interest of the child. Adoption fees will also be needed and can vary from state to state. One time, my son emailed him and said he “cried at school because he was so sad that he didn’t get to see or talk to him anymore” and his dad emailed back this sob story of how he wanted to be a better man, but it changed nothing. Re: Stepparent Adoption, Bio Father not on Birth Certificate As is indicated in the statute previously linked, the notice is to advise him that if he doesn't object to the adoption it will proceed. Their biological father does nothing for them except pay child support because it comes out of his check. His father just had no regard for how hard that would be for my son. From your post, it sounds like it's been a long saga of disappointment and anger for everyone. Courts require that persons filing adoptions follow court rules. Press J to jump to the feed. If he says yes, he loses legal responsibility over him. but has not followed through. My son is 9 1/2, has no memory of his bio dad and has not had contact with his bio dad since he was 3 1/2. Adoptions can be complicated and using legal forms without an attorney’s help can harm your legal rights. Stepparent adoption - without consent of Bio dad. I was making about $62K as a single mother in Southern California at this time, so I figured fine we’ll just live in pennies because this is what my son needs and his education and comfort is important! A common ground for terminating parental rights is abandonment and failing to properly provide support for the child. His father has made plenty of empty promises about flying him out for birthdays/holidays etc. Abandonment is when the other parent has not any substantial contact for the past 12 months. Other grounds for termination include felony convictions with long sentences, history of chronic substance abuse or mental illness, and similar reasons. However, consenting to the adoption also means the biological father is consenting to give up all parental rights to the child. What should I say to him, letting him know that this is our sons choice and I’m not forcing him, but also letting him know that our son still wants a relationship with him? He’s just an awful person who emotionally abused and gaslit me for years. On the plus side, your son is already nearly 15, so really you've got three more years max before he can decide whether or not to have anything to do with his dad. This can be especially true if the child’s biological father does not play a significant role in the child’s life. Keep in mind that we haven’t actually spoken to each other in.... many years (not for lack of trying on my part, he just doesn’t answer/respond to me). 3920 South Alma School Road, Suite 5 I will definitely be talking to a lawyer, but wanted to go into that conversation with some knowledge beyond what I could find online. Also, I offered (in the court paperwork) that he could put the $600/month that he was ordered to pay into a travel fund to fly my son back and forth instead of paying child support. Yeah, I figured it would be an uphill battle, and was hoping someone on this sub would have some experience about what worked for them. He spent a little over a month there (paid for by my now husband). Call the law office of Stuart & Blackwell in Arizona at 480-420-2900 for a free initial consultation. 1 seek the lawyer, Now the plus You have the history of the financials/ child support/ medical from ex not being paid as ordered, Your son is now old enough to speak for himself in court if the judge will allow him to. Also, I will need to talk to bio dad before paperwork gets filed with the courts because I certainly don’t want to surprise him with papers. Ex had visitation every Friday overnight and every other weekend. Stepparent adoption can be fairly straightforward–unless the biological parent refuses to consent. Stepparent adoption is a formal court process that allows a biological parent’s spouse to adopt the spouse’s child. I'm sorry you're having to deal with it. This can be true even if they had a relationship for many years. I used to drop my son off for these visits so they were regular. I found a Montessori school close by, but it was $700 per month. In some situations, fathers will be willing to consent because it means they will no longer have any child support obligations or because they understand the child is closely bonded with his/her stepfather. We’re left as soon as the paper was signed and literally arrived in Indiana the night before school started with no time to unpack or get settled before this poor kid had to be thrown into a new school in a new state. To give you a taste of this man, he texted me “karmas a bitch, and what’s great is you still have a lot more coming” after my twins were stillborn. The biological mother and father (provided he has established paternity) hold the primary right of consent with respect to adoption in all states. However, states are required to take the parental rights of biological parents very seriously and will only allow stepparent adoptions without consent if the other biological parent is unfit, has abandoned the child, or is not actually the biological parent. So, I don’t know where to go from here. These are definitely questions for a lawyer. When all is said and done, adoption fees start at around $1500 without a lawyer. This can be especially true if the child’s biological father does not play a significant role in the child’s life. I’m so glad I found this sub! In such situations, it is critical to have an experienced Arizona adoption lawyer on your side. Is Adoption Possible for an Unmarried Couple? He put up a bit of a fight, but ultimately I think that was just in an effort to stress me out and hurt me. His wages are now garnished (starting last April), but only to $960/month and he doesn’t make the additional $260 payment on his own (of course), so this back pay just grows along with 10% annual interest. If the stepfather’s marriage fails, he will have no rights […] We’ve actually since moved to Michigan! The last time my son saw his father was in 2017. Indiana here, step parent double adoption. Confidential or sensitive information should not be sent to us until after consultation with and authorization from one of our lawyers. Note that p… When our son was 6 months old, he was ordered to pay $600/month and provide health insurance for our son. In a stepparent or domestic partner adoption, the court will end the parental rights of your child’s other birth parent. I just wanted to start by getting some nuggets of wisdom from anyone here who might have been through this before. If the stepfather’s marriage fails, he will have no rights to custody or visitation or to be a part of important decisions in the child’s life. I did post to legal advice but got no replies so I’m hoping you all will have a bit of insight for me and my family! Looking back, I should have seen that this was never going to get better and cut the relationship off before there was a bond that could hurt my son. He was making more money than me, not supporting his or any child, and still refused to financially support! If the non-custodial parent objects to the adoption, you’ll have to work with your attorney to overcome those objections. I have been married now for 5 years. Since he's being garnished now, he doesn't have a choice about paying it. If he does choose to stay in touch with his dad, at least you won't have to coordinate with the man anymore or worry about custody at that point. In some cases, the court will end the other birth parent’s rights anyway even when he or she does not agree. In Matter of Ethan, 32 Misc.3d 1212(A) (Monroe Co. Fam. So, I don’t know where to go from here. Press question mark to learn the rest of the keyboard shortcuts. Thanks for the suggestion, but my parents are dead and there is no other family. However, despite a close bond, stepparents do not have any legal parental rights over the child. My fiancé at the time ended up paying for 3 trips with the promise ex would pay us back, but we never got paid back so we didn’t pay again. Presenting your case to the court can be challenging and you want a highly experienced adoption lawyer representing you in this scenario. I did all of the driving for sons regular needs: school, extra curricular, dr appts, etc. He texted my sons cousin (grown woman) and told her her mother was a “bar fly whore” when he thought she had shared some personal information with me (she hadn’t). Stepparent Adoption & Name Changes: Where the adopting parent is the stepfather, the child can take the adoptive father’s last name. (unless he was an unfit parent, but not paying child support doesn't rise to that level), Sucky situation! However, despite a close bond, stepparents do not have any legal parental rights over the child. Getting consent from the other birth parent is often difficult because it means that that birth parent is giving up all parental responsibilities. Keep every record of your ex saying he will pay back money, visit, etc for court. Chandler, Arizona 85248 Thanks, I’m nervous about this. Stepparent adoption is when the spouse of a parent petitions the court to obtain legal parental rights of their spouse’s ... parent is absent by choice or his/her whereabouts are unknown. It came to the point where I stopped telling my son when he would be coming because he would just be crushed every time. For example, in a stepparent adoption without the bio father’s consent, the biological father must be notified of the adoption and provided an opportunity to object. He would get drunk the night before a pickup (no longer wanted Friday visits) and he’d be super late to a Saturday morning pickup. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Call an Arizona Adoption Lawyer to Discuss your Case. There are some ways to effectuate a stepparent adoption even if the other presumed biological parent does not consent. If he says no, his son will know that he’s refusing his wishes. Anyway, once my son was in 1st grade I recognized that he wasn’t doing well in public school, emotionally or academically. I think for terminating parental rights, you've got an uphill battle. However, complications can arise in a stepfather adoption case if the biological father objects to the adoption. You must have legal grounds for doing so. If the court grants the adoption, it will change your child's name if you request it. Request that the father sign an 'adoption surrender' and consent to the adoption. This website contains links that are intended as aids to help readers identify other Internet resources that may be of interest. Well, I found out years later when I took him back to court for child support that he was making $65K! Stepfathers can develop extremely close relationships with their stepchildren. He still wants to maintain a relationship with his bio father/bio family, which we will support (he’s old enough to make that decision) and there are some really good people in that family that we love and are glad are in my sons life. This type of adoption is often filed by a stepparent or co-parent who would like to adopt his or her partner’s child. He still wants to maintain a relationship with his bio father/bio family, which we will support (he’s old enough to make that decision) and there are some really good people in that family that we love and are glad are in my sons life. He did neither. If anything were to happen to you, God forbid, while it wouldn’t be a guarantee, any judge deciding where your son would live would absolutely take into consideration his wants because of his age. I asked my ex two things: 1) come and tour the school with me (before I enrolled him) and 2) help me with the tuition by paying the full child support without argument every month. if I was working and my son got sick at school, if I called ex his response would be “I can’t, I’m working” and there would be no effort made to help with our sick child. CAUTION These forms are only to be used when a stepparent is adopting a minor child with the consent of all living legal parents and consent of the minor child if over 14 years old. Once I stopped doing the driving and required ex to pick him up, they dwindled to every other, every 3, all the way up to every 6-8 weeks! He doesn’t want to stand in front of a judge and his father and “choose” my husband. For example, if you are the biological mother and wish for your husband or wife to adopt through a stepparent adoption, then the biological father generally must consent to the adoption. My mum knows it’s on paper only and the children are to be kept together with the younger children’s dad no matter what. For any number of reasons, many women considering adoption are unsure who or where the baby’s birth father is. We broke up while I was pregnant (my choice). Stepfathers can develop extremely close relationships with their stepchildren. This sucks. A stepparent often requires the same credentials. It all depends on so much, namely the judge’s perspective. However, if there has been abandonment and failure to … This way ex is none the wiser unless you do pass away. 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