What do we do if my husband wants to adopt my son? 31 Answers as of July 04, 2013

My son is 3 and his biological father has not wanted anything to do with him in 2 years. And my 3 year old only knows my husband as his father. My husband wants to adopt him. Is it possible to have it done or no?

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Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
It is possible but difficult. You would have to either get the bio father to sign an agreement to waive his parental rights or take him to court to terminate his parental rights... Consult a good attorney, with good help it could be much smoother.
Answer Applies to: New York
Replied: 7/11/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Yes, in Washington we call that a step-parent adoption. I assume the biological father will give his consent. Consult with an attorney in your area who does adoption work.
Answer Applies to: Washington
Replied: 7/7/2011
Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
Yes. If the bio father consents, it will be easy. If the bio father has had no contact for 2 years and has not paid, or offered to pay child support, then you can still have an adoption even if bio father objects.
Answer Applies to: Oregon
Replied: 7/5/2011
The Reed Law Firm, P.L.L.C.
The Reed Law Firm, P.L.L.C. | Vanessa Reed
Yes, you can get an adoption. The easiest manner in which to handle this is to have the biological father sign a "consent to adoption" affidavit. Then, the matter is an "uncontested" adoption, and it is very quick and simple. If the biological father will not sign a consent to adoption, the adoption can still happen, but it is a "contested adoption," which is much more expensive and time consuming.
Answer Applies to: Virginia
Replied: 7/5/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Yes, it is possible. It is not that complicated either.
Answer Applies to: Wisconsin
Replied: 7/4/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If the biological parent is willing to terminate rights, you may seek a termination of parental rights and step parent adoption. If the termination occurs, any child support obligation ceases prosepectively. If there is no agreement, you must proceed with a contested termination of parental rights which can be much more difficult. Abandonment financial and physical, may be a basis for such an action.
    Answer Applies to: Minnesota
    Replied: 7/5/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    A step-parent adoption in Colorado requires consent of both bio-parents or the consent of the primary custody parent and a judicial finding terminating the other parent's rights based on either abandonment or failure to pay child support, without just cause, during the year prior to filing the petiion. The judicial case involves both a termination of parental rights AND the adoption in a single case they cannot be done separately.
    Answer Applies to: Colorado
    Replied: 7/5/2011
    Law Office of Karen A. Clark, L.L.C.
    Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
    Yes, it is possible for your husband to adopt your child. I would suggest speaking to an adoption attorney about the process of having your son's father relinquish his parental rights. Once your ex relinquishes his rights, the path will be clear for your husband to adopt your son.
    Answer Applies to: Washington
    Replied: 7/5/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Your husband can file for an intrafamily adoption. If you were never married to your child's father you will have to join in the petition. Your son's biological father may have waived the requirement for his consent to any adoption by failing to support the child or have contact with him without reasonable cause, in which case the judge in the adoption case will decide only whether or not the adoption is in the child's best interest.
    Answer Applies to: Louisiana
    Replied: 7/1/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    You are looking for a Step-Parent adoption with a termination of the biological father as part of the process. My firm handles matters like this, I would be happy to discuss the options, cost, and pitfalls you should consider.
    Answer Applies to: Texas
    Replied: 7/1/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    The way it would need to be done is through the probate court that serves your town. You would have to file for termination of the father's parental rights and at the same time or shortly thereafter file for adoption. I believe, but may be mistaken, that the processes go forward at the same time.
    Answer Applies to: Connecticut
    Replied: 7/1/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If biodad consents to the adoption, his parental rights can be terminated and your husband can adopt your son. If biodad does not consent to the adoption, his parental rights can be terminated for the purposes of the adoption only if biodad has neither provided any child support for your son nor contacted your son for over one year. If both of those conditions are satisfied, the adoption court will most likely terminate biodad's parental rights and allow the adoption, assuming that the adoption social worker's adoption report recommends the adoption.
    Answer Applies to: California
    Replied: 7/1/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    The situation you're describing is what is called a "step-parent adoption." They can become quite messy and difficult depending on your situation and upon the attitude/position of the biological father. Therefore, you are probably going to be better off hiring an attorney to handle this for you. The first step is that your husband has to file a petition for adoption that you would have to join in. This has to be served upon the biological father. There has to be a home study by a professional and a report back to the court about whether the adoption is a good idea. If the home study report comes back "good," and if the biological father consents to the adoption, then, all of the biological father's rights and obligations are terminated and your husband becomes the father of the child. If the biological father does not consent, then, you have a much bigger problem on your hands and the step-parent adoption may turn out to be impossible, depending on the circumstances.
    Answer Applies to: Washington
    Replied: 7/1/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    You can file to do a step-parent adoption. This will be much easier if the biological father will voluntarily consent to having his parental rights terminated.
    Answer Applies to: Florida
    Replied: 7/1/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Yes, it is possible to have your son adopted by your husband. You need to give the biological father notice of your intentions. Call the office today for a free confidential consultation.
    Answer Applies to: Illinois
    Replied: 7/1/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    In Florida, you can do a step-parent adoption. The easiest way is to obtain the child's father's consent to the adoption. If he will not consent, you have to prove very specific facts to the court to terminate his parental rights and allow for the adoption by the step-father. Since this is an adoption, you will need to consult a knowledgeable attorney about how to accomplish your goals.
    Answer Applies to: Wisconsin
    Replied: 7/1/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 7/1/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    As with most legal questions, the answer is "maybe." From the few facts presented, I see no reason why not, but you have to step through the hoops of a formal termination of parental rights, and then a step-parent adoption. If uncontested, they are not particularly difficult or lengthy; if opposed, the matter is one of litigation. For background, see http://www.willicklawgroup.com/termination_of_parental_rights; http://www.willicklawgroup.com/adoption.
    Answer Applies to: Nevada
    Replied: 7/1/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If the biological father is consenting, then your Husband could do a step-parent adoption. I would contact an attorney to assist with this process, as it can be somewhat technical. However, once the consent is obtained and all the necessary paperwork signed and filed, then it is a pretty straightforward process (as long as there is consent). My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available.
    Answer Applies to: Florida
    Replied: 7/1/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Yes, need a notarized consent from bio father. plus court. hire a lawyer
    Answer Applies to: Florida
    Replied: 7/1/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You will have to terminate the rights of the biological father.
    Answer Applies to: Connecticut
    Replied: 7/1/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We have successfully handled some step parent adoptions in the past, so it is important that you retain a family law lawyer to help you with your rights and options. While each case is different, it is possible, in some cases, to accomplish your goal. Good luck.
    Answer Applies to: Georgia
    Replied: 7/1/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You will first need to file a petition to terminate the parental rights of your son's biological father. If you are able to obtain the consent of the biological father, the process will be much less expensive. After the rights have been terminated, you may petition the courts for your husband to be able to adopt your son.
    Answer Applies to: California
    Replied: 7/1/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    It absolutely is possible. The easy way would be to hire an attorney and to ask bio-dad to sign off in exchange for having to pay no more child support. Even bio-dad does not sign off on the adoption, it is still possible. Please see a domestic relations attorney near you.
    Answer Applies to: Ohio
    Replied: 7/1/2011
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    Yes, if all parties agree, it is possible.
    Answer Applies to: Rhode Island
    Replied: 7/1/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    It is possible if one of two things has happened: (1) If the bio-dad consents or (2) If the bio dad fails to see the child or pay support for over one year. Either way, you need a lawyer who is experienced in adoptions. Most lawyers are not experienced in adoptions. (If you are in or near metro Atlanta or at least in the northern half of the state, feel free to contact me).
    Answer Applies to: Georgia
    Replied: 7/1/2011
    Owings Law Firm
    Owings Law Firm | Tammy B. Gattis
    Sure hire me and I will file petition for adoption.
    Answer Applies to: Arkansas
    Replied: 7/1/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    Yes, this is possible. You start an adoption action, and in the process have the biological father's parental rights terminated.
    Answer Applies to: Washington
    Replied: 7/1/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    In Georgia, your husband can adopt your son through a step parent adoption. If the biological father consents, then he voluntarily waives his rights and the adoption can proceed uncontested. If he contests it, you will have to have a trial.
    Answer Applies to: Georgia
    Replied: 7/1/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    It is possible, if no child support has been paid and the bio father has had no contact at all with the child in two years, that your husband could prevail in a contested petition for adoption. Seek the advice of an adoption attorney to determine the viability of your husband's maintaining a contested adoption petition.
    Answer Applies to: Georgia
    Replied: 7/1/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington state it is possible. See an adoption attorney.
    Answer Applies to: Washington
    Replied: 7/1/2011
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