What is the name of your state? Alabama
I have several questions. I think it will be best if I fully explain the situation, then ask the questions. My ex's name was finally put on the birth certificate when we got divorced (the state of AL considered us in a common law marriage), and he was ordered to pay child support. This was almost 2 years ago. He has not seen my daughter since before then (it will be 2 years this March). I have written down my attempts to contact him (and failure thereof) in a notebook, but that's all the proof I have. He has also not ever paid ANY child support since he was ordered to do so. I have not even heard from or much about him even since March of 2005. I have been dating a guy since she was 6 months old, and he wants to adopt her IF we ever get married (hopefully sometime this year). He is the only father she's ever known. He has actually helped me support her somewhat (my parents provide our food and place to live, and he's helped out with diapers, clothes, and, of course, presents). I should also mention that the ex has warrants in 2 counties in AL and probably some in TN. He has already gone through the abandonment of one child (one in TN to which he quit paying child support and the mother had her new hubby adopt the kid). There is a HIGH (absolute) likelihood that he would not show up if summoned to court, as one of his warrants for attempt to manufacture is in this county (I know, I can pick 'em, right?)
I think that covers the background info. Here are my questions.
1) How do I go about getting his rights reliquished, and what are the state laws regarding that?
2) How do I (can I) get back child support (I believe he was supposed to pay about $50 a month (or week, I can't remember) for 2 years, which would be about $1200 (or $21600, I cant' remember...I know that's a big gap))? We don't really NEED it to support her, but it would make a great contribution to her college fund, which won't see too much action until I get out of med school....He may or may not still have the same job, and would probably quit if his wages were garnished, and would probably show up again and cause trouble, which is what I really don't want.
3) How do I go about getting my future husband to adopt her?
3a.) Do we have to be married in order for him to be able to adopt her, and if so, how long must we be married in order for him to be able to do so?
4) Oh, and exactly what process must any documents go through in order for this to occur (ie. signed by a judge, etc.)
5) Which court must this go through (probate, circuit, etc)? I'm an idiot when it comes to the courts, because I've never had any dealings with them.
I have several questions. I think it will be best if I fully explain the situation, then ask the questions. My ex's name was finally put on the birth certificate when we got divorced (the state of AL considered us in a common law marriage), and he was ordered to pay child support. This was almost 2 years ago. He has not seen my daughter since before then (it will be 2 years this March). I have written down my attempts to contact him (and failure thereof) in a notebook, but that's all the proof I have. He has also not ever paid ANY child support since he was ordered to do so. I have not even heard from or much about him even since March of 2005. I have been dating a guy since she was 6 months old, and he wants to adopt her IF we ever get married (hopefully sometime this year). He is the only father she's ever known. He has actually helped me support her somewhat (my parents provide our food and place to live, and he's helped out with diapers, clothes, and, of course, presents). I should also mention that the ex has warrants in 2 counties in AL and probably some in TN. He has already gone through the abandonment of one child (one in TN to which he quit paying child support and the mother had her new hubby adopt the kid). There is a HIGH (absolute) likelihood that he would not show up if summoned to court, as one of his warrants for attempt to manufacture is in this county (I know, I can pick 'em, right?)
I think that covers the background info. Here are my questions.
1) How do I go about getting his rights reliquished, and what are the state laws regarding that?
2) How do I (can I) get back child support (I believe he was supposed to pay about $50 a month (or week, I can't remember) for 2 years, which would be about $1200 (or $21600, I cant' remember...I know that's a big gap))? We don't really NEED it to support her, but it would make a great contribution to her college fund, which won't see too much action until I get out of med school....He may or may not still have the same job, and would probably quit if his wages were garnished, and would probably show up again and cause trouble, which is what I really don't want.
3) How do I go about getting my future husband to adopt her?
3a.) Do we have to be married in order for him to be able to adopt her, and if so, how long must we be married in order for him to be able to do so?
4) Oh, and exactly what process must any documents go through in order for this to occur (ie. signed by a judge, etc.)
5) Which court must this go through (probate, circuit, etc)? I'm an idiot when it comes to the courts, because I've never had any dealings with them.