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  #1  
Old 09-22-2006, 01:37 PM
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Join Date: Sep 2006
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Nevada stepchild adoption


What is the name of your state? Nevada

Looking for any information on adopting my stepson in Nevada. I married his father a month ago, my stepson is 13. My husband divorced our sons mother over 10 years ago when our son was a baby. She never signed away her rights, but she also never provided any kind of support. She has not been a constant presence in his life. She does occasionally talk to him on the phone but she hasn't seen him in years, and throughout his life has only seen him in person every few years.

We are hoping that she will go along with signing away her parental rights, but if she doesn't what is the protocol? We are not going to try to stop him from talking to her, knowing she's his mom, or seeing her in person (supervised of course).

There are a few reasons we want to do this 1- if something happened to my husband, he would automatically go to his birth mother and I wouldn't even have visitation rights. We don't think that moving across the country away from everyone and everything he knows to live with her (who has been very unstable in the past) who he barely knows would be the best thing for him. 2- I want to take full resposibility for him, and I want him to know that. Although I don't want to replace his mother I want him to know without a doubt that I consider him my son, not a stepson.

Sorry this is so long, hopefully someone can share resources, advice and/or experience.
TIA
  #2  
Old 09-22-2006, 01:41 PM
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Join Date: Jan 2006
Posts: 9,771
Quote:
Originally Posted by angbarrett View Post
What is the name of your state? Nevada

Looking for any information on adopting my stepson in Nevada. I married his father a month ago, my stepson is 13. My husband divorced our sons mother over 10 years ago when our son was a baby. She never signed away her rights, but she also never provided any kind of support. She has not been a constant presence in his life. She does occasionally talk to him on the phone but she hasn't seen him in years, and throughout his life has only seen him in person every few years.

We are hoping that she will go along with signing away her parental rights, but if she doesn't what is the protocol? We are not going to try to stop him from talking to her, knowing she's his mom, or seeing her in person (supervised of course).

There are a few reasons we want to do this 1- if something happened to my husband, he would automatically go to his birth mother and I wouldn't even have visitation rights. We don't think that moving across the country away from everyone and everything he knows to live with her (who has been very unstable in the past) who he barely knows would be the best thing for him. 2- I want to take full resposibility for him, and I want him to know that. Although I don't want to replace his mother I want him to know without a doubt that I consider him my son, not a stepson.

Sorry this is so long, hopefully someone can share resources, advice and/or experience.
TIA
If she doesn't want to sign away her rights, you are going to play he11 with any kind of adoption plans.

Have your husband make his will. Although you can not "will" a child, making his wishes known in writing may influence the court. Also, establishing a trustee for any inheritance that his son may receive at his death, may make it less attractive to anyone whose main motivation might be controlling any financial windfall the child might receive.
  #3  
Old 09-22-2006, 09:54 PM
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Join Date: May 2002
Posts: 29,675
You're unlikely to be allowed to adopt - with or without Mom's consent - until you've been married for at least a year. Until then, legally, the boy is not "our" son.
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  #4  
Old 09-23-2006, 07:38 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,781
Quote:
Originally Posted by angbarrett View Post
What is the name of your state? Nevada

Looking for any information on adopting my stepson in Nevada. I married his father a month ago, my stepson is 13. My husband divorced our sons mother over 10 years ago when our son was a baby. She never signed away her rights, but she also never provided any kind of support. She has not been a constant presence in his life. She does occasionally talk to him on the phone but she hasn't seen him in years, and throughout his life has only seen him in person every few years.

We are hoping that she will go along with signing away her parental rights, but if she doesn't what is the protocol? We are not going to try to stop him from talking to her, knowing she's his mom, or seeing her in person (supervised of course).

There are a few reasons we want to do this 1- if something happened to my husband, he would automatically go to his birth mother and I wouldn't even have visitation rights. We don't think that moving across the country away from everyone and everything he knows to live with her (who has been very unstable in the past) who he barely knows would be the best thing for him. 2- I want to take full resposibility for him, and I want him to know that. Although I don't want to replace his mother I want him to know without a doubt that I consider him my son, not a stepson.

Sorry this is so long, hopefully someone can share resources, advice and/or experience.
TIA

I hear a lot about WHAT YOU WANT, WHAT DAD WANTS and NOTHING about why this is in the best interest of the child. YOu can take full responsibility for this child without adopting him. You can love him and consider him a son without adopting him. If you do adopt him then you are legally BECOMING his mother. Which means in effect you are replacing his mother.
After a month of marriage you will not be approved to adopt this child. You will not have shown that you have a stable relationship.
As for mom being unstable -- prove that she is LEGALLY unstable and LEGALLY UNFIT and hence legally deserving of having her parental rights terminated.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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