Wanting to adopt my step-son.?

Question

When I married my husband in 2004 he already had a 2 (amlost 3) year old son. He had been living with him since he was 18 months. He was taken from the mother because of neglect and my husband won the custody battle. She was allowed to have 1- 3 day weekend visit per month. She has not used this visit since he was 22 months old. Since then she seen him for just a few hours around christmas time when he was 2 and 3. The last time she saw him or called about him was December 2004. Our phone number and address has not changed since then. She has also had a child completey taken away because of neglect and her last one lives with his daddy most of the time because the court found her as an unfit full time mother. They have also advised her to stay on birth control since she has had problems with all three of her kids. My step-son is now 6 1/2 years old and does not know her at all and only knows me as his mom.

Answer 1

talk to a lawyer who specializes in this area, he can help you work out  all the logistics.  I hope everything works out for you and your family.

Answer 2

I have no clue about the laws there. I just wanted to say that I really commend you for raising him. Poor kid. It sickens me to hear of any parent, mother or father, who doesn't wish to be a part of their child's life, even more so when the courts have done all they can to guarantee she is able to do so. Some of us would give anything to have the chance.

Answer 3

There is not time limit to you being able to adopt the child. Legally she is his mother. You can ask if she would be willing to give up her rights, not sure if she pays child support but if she does you can remind her that she would not be liable for child support anymore. Or you could just wait until the child is 18 and do it then. Seek the advice of an attorney.

Answer 4

You should be able to prove that she did not have any visits with her son for over a year and ask to adopt your son.  She has no rights to him if she is not even making the effort to see him, unless she has been paying child support, which I doubt.

Answer 5

ITs 2 years of non-support or not seeing the child. That constitutes abandonment in the state of Kansas. But since she has lost the rights to her other children as well, that also is grounds. Talk with an attorney. They can get you started on the process.

I also live in Kansas and I am in the process of adopting my stepdaughter. Feel free to Email me.