Step-parent adoption in new mexico?

Question

My husband wants to adopt my 2 oldest children from a previous relationship their ages are 5 and 2. I'm not sure of the laws or how to go about it. Their biological father has nothing to do with them. Hasn't seen or called them since the 2 yr old was born. My husband is the only dad they've ever known. I'm not sure where they're biological father is and I have no way to contact him. Do I have to go to court so he can adopt them or can I just go through a lawyer or even possibly file papers myself (and where to get them)? Thanx for your answers

Answer 1

You have to make an attempt to contact the biological father in order to do a stepparent adoption.  The easiest and fastest way to get a stepparent adoption done is with the non-custodial parent's consent to the adoption.  Since he has not contacted the children in over a year, you can file for a stepparent adoption under abandonment charges.

Since you do not know where the father is, you are going to have to publish a public notice in the paper.  The notices usually run for about thirty days, giving the non-custodial parent time to see, and to respond to the notice.  The non-custodial parent, in your case the father, would not contact you directly if he were to see the notice, he would respond to the courts if he sees the notice.  If he does not respond to the notice in the alloted time, then the adoption will move forward as though he is consenting to the adoption.

While most states do not require that you have a lawyer for a stepparent adoption, it really is best to hire one.  Some lawyers charge a flat rate for a stepparent adoption, but this is usually when the non-custodial parent is aware of the adoption, and consents to it, as it is then only a matter of filing the papers and getting them signed by the judge.  Having to serve a public notice adds both time and money to the adoption procedure.

For the actual adoption itself, it differs from not only state to state, but county to county in each state, as to how that is handled.  Some counties require an adoption hearing, while others simply have the judge sign the papers, and then mail them out to the family.  You will also need to check your local laws as to if you will need a Guardian Ad Litem (GAL) or not.  This is an attorney who is appointed to  the child, in some cases even when a state requires a GAL, the courts may waive it for a stepparent adoption...it never hurts to ask.

Look online at the website for your local government, many courts now have forms available online to fill in and print out.  Even if you use a lawyer, you can still fill out the paperwork yourself.

Lawyers usually give you their initial consultation for free, so make sure that you speak to more than one before deciding on hiring a lawyer.  Even quick adoptions are several months long, and it is important to have a lawyer who matches your personality style before signing on to deal with him or her for the next few months.

You will need copies of each child's birth certificate, as well as for you and your husband.  If you were married to the biological father, you will need a copy of that marriage license, along with the divorce and custody decree.  You will also need a copy of the marriage license for you and your current husband.  All of these documents can take several days to weeks to obtain, depending on the state who holds the records, so you will want to start on that as soon as you can.  

While a homestudy is usually required for adoptions, this is typically waived for stepparent adoptions, since the children have already been living as a family with the stepparent.  

Stepparent adoptions usually start at about $1500, although I have seen lawyers who will charge a flat rate of $1000 for stepparent adoptions when the non-custodial parent consents.  Adoptions which require a public notice are usually around $2000-$2500.  Now this changes depedning on the area that you live in, the price of the notice, as well as what your lawyers hourly rate is, but it is a good ballpark figure.

While you can get off cheaper removing the legal fees and doing the adoption yourself, having the peace of mind of knowing that everything is done and done right is really worth paying a lawyer for.  It would be a shame to have an adoption denied, or overturned due to an error in the paperwork.  

Good luck on your stepparent adoption journey!  You can check out the link below for more information on stepparent adoptions!

Answer 2

Get a lawyer involved! Family Law lawyer. They can try and find him and get him to sign over his rights.

If the bio father havent seen or paid child support then they can get him on abandonment.

Answer 3

Go here:

http://www.nmbar.org/Template.cfm?Sectio...

and scroll down to where the Step Parent Adoption section is.