My kids want me to adopt them and I want to adopt them.?

Question

Their bio dad is out of the pic and I have helped their mother raise them since they were 5 and 6. Now they are 12 and 14. He owes over twenty thousand in child support which we aren't holding our breath on.

I consider them my kids. Me and their mother have been married now two years.

What and how do we begin the process??

Answer 1

you can do a legal name change without father signing away rights- i believe you have to publish an announcement in the paper first-my stepmom did this with her kids because the father wouldn't sign off

Answer 2

going to court with the bio dad shouldn't be a problem. if he signs away his bio rights to you, and you accept responsibility for them, there's a chance he may not have to pay the child support any longer. which in turn would put you on the hook for child support in the future if anything should happen with the mother. i live with a very similar situation, my two oldest children were 16 mos and 3 years old when i met them. they are now 10 and 11 1/2. their mother and i split up 4 years ago, before i was able to adopt them. they still come with their little sister and me 4 days a week, they spend 3 nights a week at my home. sometimes more. they know that i am their father and will never turn my back on them. that's all that matters. making sure they know how you feel is the most important thing.  as i am sure you know. check with an atty on the details of the adoption. in the mean time, keep loving them, they will always remember that.

Answer 3

I believe he has to sign away his parental rights first.

Answer 4

Call a local adoption attorney there are different laws for every state. Depending on your state and the amount of time he has not had contact with the children or paid child support he may not even have t sign away his right, they may be terminated without his consent. Again a lawyer can best help you with this. Most consults are free.

Answer 5

The bio father could dispute an adoption; you would need him to sign away his rights in order for you to adopt them. The biological parental grandparents would have no say in it and would not be able to dispute it. If their son agreed to sign his parental rights away.

Since the bio father is out of the picture you could try and get his rights terminated by the courts. He clearly doesn’t care for these boys, is not a part of their life wouldn’t even pay the support that he should be paying.  Since your boys are older I would think that they could possible speak to a judge about what they want. Often when a parent is going through a divorce and a child is older they will sometimes have an input in who they want to reside with.  

I would contact a  attorney who will talk to you about what you have to do. Likely they will draw up papers for the birthfather to sign that will terminate his rights. If he refuses it’s most likely out of spite since again he clearly does not care for these boys. If that happens you could again try and see if the court will terminated his rights. If not well take to heart that you are this boy’s father. You are the man that has been there for them and is teaching them how to be a good man, a  responsible man unlikely the biofather.

Then if they still want it and you do too you can  legally adopt then when they turn 18 so (4 and 6 years). As someone else said you could have their surnames legally changed even if you can’t legally adopt them till they are 18.

Answer 6

Well let's see you said bfather is out of picture, What do you mean he doesn't see them? Doesn't support them? Then that should be easy he wouldn't care so call him and tell him you will give him a easy way out and I bet he'll take it. This would be easy for you and less expense. But what in the world took you all so long to get married?

  Also you better understand once you adopt these kids their yours and if you two break up you pay child support,

Answer 7

I am dealing with this too..my son from a previous marriage and my current husband.I do not know what state you are in but we are going though the family court..Go there they should have (online access) you can do legal name changes etc.If there has been no contact with the bio parent for x amount of years it is easy and can be done quickly.you can have paperwork printed off pc and taken to court see the judge and have papers filed same day..The kids do go to court with you.In my state it is $130 filling fee.Bring anything you can to document that you provide for the kids etc..Please check on line just go to your county court and go to family court.minor name change and you should get all the information you need..You area wonderful man to want to do this..:) I'm sure you already have a court order for support..If not get one. also go to  office support enforcement--(online?).If he is working he will get garnisheed,lose drivers license..,also take paperwork on child support owed to court with you as well..good luck.

Answer 8

The biological father would have to file paperwork with the court terminating his parental rights.  Unless and until that happens, then as far as the courts are concerned he is still "in the picture" and therefore the kids aren't available for legal adoption.