My son has not seen father in 9 years we would like to have step father adopt any advice?

Question

my son has not seen his father in 9 years and my new husband would like to adopt my son, we do not have the money to hire a lawyer does anyone have any idea how to go about having my ex sign over his rights I am not sure where he lives somewhere in TX and I live in MI...any advice would be great

Answer 1

You have to hire a lawyer.  You don't have a choice. Adoption, even for stepparent adoption, is not a do-it-yourself project.  Save your $$ or get a second job.  Most investigators (especially former cops) can find most people within just a few hours of internet searching.  That would be your first step.  Then your lawyer could draw up papers that would allow him to relinquish his rights.  Keep in mind that not all men do so.  He just might want to be involved now.

Answer 2

my uncle had the police search out his ex wife but i dont know if that would work for your case. my uncles case was his wife just up and left him with his daughter and he needed a divorce in order to remarry so yeh umm other then having someone search him out maybe look in a phone book and go pay him a visit

Answer 3

It's just not a good idea.  Please don't let this happen.

My brother adopted 2 girls, and it's been awful the ex-es family is still there and it's been nothing good

Answer 4

Your X abandon your child, this will stand in any court at any state, all you have to do is go to the courthouse file an application for adoption, the court will  appoint a court day , the court will try to contact your X about this matter if he does not show up to stop the process is a done deal. But please make sure this is something your son really wants, so he won't trow it on your face latter.

Answer 5

I live in MI and my hubby adopted my 2 children from previous relationships.  You do not need a lawyer unless the biological father will not willingly sign the papers to terminate his parental rights.  If you do not know where the father is, the court will send a notice to his last know address and give him a time frame to respond.  If he does not respond they will then place an add in the legal news stating that he must respond before such-and-such date or his rights could be terminated.  Then you can proceed with the adoption - it is really pretty simple paperwork that you can fill out yourself, you will not need a lawyer.  If he does respond, he can either chose to sign the termination of rights papers, or fight them.  If he wants to fight them, then you will most likely need a lawyer.  Part of the criteria for terminating rights is abandonment - he is considered to have abandoned the child if he has not seen him for a period of 2 or more years AND not paid child support for 2 or more years.  If he has not done either of these things, you have a pretty good case even if he fights it.  Something else the court considers is the child's best interests.  You will have to prove that it is in the best interest of your child to be adopted - you can usually acomplish this by giving examples of the relationship between your hubby and your son.  Also, you have to be married for at least 10 months before you can even start the process.  If you have any more questions, let me know - I'm happy to help!  Good luck!

Answer 6

Go to your local District Attorney's office for family law, and usually the offer free advise and do it yourself paperwork. First thing you have to do is claim sole custody of your son, that is if you have and custodial aggreement that may have been filed with the courts. If not, if he is on the birthcertificate, then you still will have claim sole custody of him, and the father will have to waive all his rights. If he is willing to do this then, it won't be that hard to. Otherwise it can be quite costly and may bring your son's father out of the wood works. So talk to a lawyer, most give from consultation and go down to your district attorney's office. Since your son's father live in another area, you can petition this through the paper. Just simply putting an ad in the paper stating your petition to your ex, if he does not respond in a certain amount of time than, you can proceed with the adoption.

Answer 7

you can get free legal advice form citizen advice i know in some cases judge will grant the adoption without fathers consent ie violence etc has he payed maintenance for your son if not he definitely wont want to pay back 9 years of maintenance so prob would sign over rights anyway good luck hope i helped

Answer 8

I am not sure of the law where u live, but I  suggest that u go to the court or call the social services dept in the state, explain ur situation and ask them what is the procedure. If you are not sure where the father is there has to be some sort of law or enforcement policy that automatically relinquishes the dad. He may biologically be the father, but if he is not apart of that childs life, he is nothing more than a sperm donor. If your new husband has stepped up to the plate and assume the role along with the responsibilty, he should be legally labeled the dad. So go look into. Social Services typically are FREE, along with its resources. All the best.

Answer 9

My parents divorced when I was 8. I was always terrified that my mom would find "a new daddy." My dad hadn't been around often, almost at all up until their divorce. I think you should consider your son's opinion and feelings. Talk to him openly and ask what he thinks, only if you feel comfortable. Ask yourself: Does he miss having a read "dad?" Does the title "step-dad" or "dad" really make a huge difference in their relationship? Is getting a "new dad" going to be emotionally painful? Just consider many everyone's feelings and emotions.