| Most states require that you be married for at least 6 months (some states say one year) before the stepdad can file a petition to adopt. An uncontested stepparent adoption may take six months, so you should file very shortly after you are married. My wife & I lived together for 4 years, got married on a Thursday, went to our lawyer to file the petition on Friday!
With no visits & no support, your child can be declared abandoned by the courts, and the biodad's rights can be terminated.
If the biodad cannot be found, a summons by publication (newspaper) can be used to serve him notice of any court proceedings. This usually gives him a time limit to respond, and if he doesn't answer, he loses.
Once his rights are terminated, and an adoption is approved it is permanent and there is nothing he can do about it. I will have as much right to the child as he will.
The court will do whatever is in the child's best interest. I cannot imagine they will let the biodad just walk back into your child's life at a time when you are getting ready to complete a loving family. Most courts will say the biodad had plenty of time to be in his child's life and he blew it.
Good luck to you! I am not a lawyer, just someone who has learned about stepparent adoption the hard way. |