What if I want to adopt my husbands baby with another woman.?

Question

My husband has custody of child who was born tuesday.This Tuesday! The mother of the baby does not want anything to do with him and she said she wants nothing to do with the baby and she is waiving her parental rights.She wants to sign an affidavidit saying that she gives my husband and I full custody. She is leaving to mexico(shes an illegal alien) and she is never coming back so what if I get a notarized letter. Will that work? Im freaking out because I don't want to not have any rights as a mother(for school,doctors ,going on vacations out the country) when she leaves for good!

Answer 1

I really think that you need more than a notarized letter.

Go to family court and sue her for child support until the matter is resolved.

As I understand, every U.S. family court has a support center.  They will help you if you do not have an attorney.  They will give you the forms that you need to fill out.  When complete, bring the forms back to them to review.  After the papers are filed, they may be able to serve them the mother.

Answer 2

get a lawyer.  it should be fairly simple if she's willing to waive her rights.  you will need to do this before she leaves.

btw, i would do it quickly.  i would have a lawyer on the phone today.  if she gets scared or wants money or something, she could threaten to leave with the child and you and your husband will both be screwed.  she might not have the legal right to take the child, but that didn't stop her from coming in to the country in the first place.

Answer 3

As soon as she signs off on the baby you can adopt him. And then you will be his mommy forever. she has NO rights over that child if she does that. My father signed off on me.  And my daddy now had to go to court with my mom and adopt me.She has to go to court and sign off on his parental rights, and then once that is done you can adopt. And if she flees then you guys could just go after her for child support so she has to come back anyways so she might as well just sign off.

Answer 4

A notarized letter that she's giving full custody to your husband will at least hold up regarding custodial rights.  However, it won't be enough for you to have parental rights.

As far as I know (at least this is how it works where I'm from), you would be doing nothing more than a step-parent adoption, which is quite painless providing you've never been investigated by CPS.

Also, have you worked through your issues with your husband's infidelity?  It might come up.

Answer 5

You'll have to adopt the child if she waivered her parental rights to the father "the legal way"...And signed over her parental rights...then just adopt her...

Answer 6

You make the decision thats right in your heart

Answer 7

If she's waiving her rights, then make sure you have a lawyer with you, so that the waiver is notarized. That should solve all dillemas

Happy Parenting.

Answer 8

Make sure she signs over her parental rights!!!!  You may need to go through an adoption process  which is a pain in the butt when dealing with a minor child.  Make sure you know where she is going in case you need to take legal action.  Hopefully she won't respond and the legal process will go in your favor.  Good luck  you are doing the right thing!!!!

Answer 9

You need to consult with a lawyer.  Your husband already has custody, so at least you won't lose the baby (to the system).  If she abandons the baby for a certain period of time, then you are automatically granted some rights.  Also, what do you think divorced parents do?  My cousin's ex-husbands wife has rights over her three children (as far as school's doctors, vacations, etc).  The father's wife is legally already family, so you can stop panicking.  You and your husband need to consult a family lawyer right away.  If she takes that baby out of the country, they will not extradite.  

My old roommate got a girl pregnant and she demanded child support, etc...  he demanded visitation rights.  She refused and just wanted his money.  So she fled the country with the child and now his daughter is lost to him.  By USA laws, if she ever enters the country again, she loses all rights to her child and goes to jail....  so basically, he will never see his baby again.  This does not sound like your situation.

Like I said, for now, you are fine.  You need to consult a lawyer, but in California, at least, the parent who physically has the child is the custodial parent until the courts say otherwise... which is another reason why parental kidnapping is so confusing for the courts.  Do what's best for that little baby and don't worry about YOUR custody right now since your husband already has it.

Hope that makes you feel a little more relaxed!  Congratulations on the baby!  My condolences for your husband cheating on you nine months ago.

Answer 10

You'd be surprised at how solid a notarized form can be.

A friend of mine wrote a letter giving custody of her daughter to her aunt and had it notarized.

She has since been trying to get custody of her daughter back for about the last 5-6 years, to no avail because the notarized form holds up in court.

But to be on the safe side, I would contact your county clerk to ask them if there is anything else you would need.  

Answer 11

You need to talk to a lawyer.  At the very least get a notarized letter from her giving you guardianship in case she flees while the other paperwork is being done.

Answer 12

You don't want to have any rights as a Mother, but you are thinking of adopting????  I'm confused.

I would talk to a lawyer.

Answer 13

I would go to a lawyer and get the paper work for her to sign away her rights. I don't think a notarized letter will work because later she can come back and say you made her or something. I would just pay the lawyer to do the papers and then you can have her sign them. I think that is an easy process. Call a lawyer that specializes in adoption and they can feel you in usually for free. Good luck and I hope things go well.

Answer 14

I would take her into an attorney's office to sign over all parental rights right there and then. It will be all legal and binding in ANY court!

This is TOO important of an issue to be left unhandled properly and possibly having any loose ends!

GL!!

Answer 15

I will tell you that she can come back into this childs life at anytime if she LEAGALLY does not give up her perental rights. I understand you want to be the childs mother and in most states there has to be a legal exchange of custody in order for what you are wanting to come together. Always remember, you can ask your local courts for a emergency hearing. If this baby was born tuesday, i bet your missing a step with your husband having FULL custody of this baby. otherwise, you would not  be facing this issue. I am very serious. Be careful with this. The law is tricky when it comes to child custody.