Step-child adoption UTAH

[prezus]

What is the name of your state? Utah

Me and my wife just got married Feb 19th. She had a son previous to this who is now 5 months old. The father has not been in the picture and now lives in Texas. It is our desire that I would adopt him. My wife has contacted the father and he refuses to sign over rights. Now since he has not paid child support or made an attempt to even see the child I dont think it will be much issue in getting these rights. But my question is how long do we have to wait? Will we need to wait 1 year from being married or 1 year from the last time the father has had contact with the child (since this is never I would asume that would be at the childs 1st birthday)?

[Gracie3787]

Originally Posted by prezus

What is the name of your state? Utah

Me and my wife just got married Feb 19th. She had a son previous to this who is now 5 months old. The father has not been in the picture and now lives in Texas. It is our desire that I would adopt him. My wife has contacted the father and he refuses to sign over rights. Now since he has not paid child support or made an attempt to even see the child I dont think it will be much issue in getting these rights. But my question is how long do we have to wait? Will we need to wait 1 year from being married or 1 year from the last time the father has had contact with the child (since this is never I would asume that would be at the childs 1st birthday)?

Typically one year of marriage before beginning the process.

Is the father even the legal father yet? Is there a CS order? If not, your wife needs to file for one ASAP.

The child is only 5 months old, there's plenty of time to gather evidence for court for a later TPR adoption.

[milspecgirl]

exactly- until there is an order granting him the right to visit and he doesn't do it- you can't claim abandonment. Any cs she receives is contact. not asking for it won't work either.
in other words, he can't abandon the child either physically or financially unless he has had the legal opportunity to see and support the child.
normally, abandonment will take years of no contact of any kind and even then, if he contests it, expect a fight. judges do everything in their power to keep from it.
Trust me, we are fighting 1 now and it has been 9 years of abandonment