Step-Parent adoption

[Karla200333]

What is the name of your state? ARKANSAS

I was wanting to know if my husband, which is not the father of my child, can adopt my 5 month old son without contact of the babies father. His father has not seen his son or paid any child support. He has not tried to contact us in any way. Does he have to do anything in the process?


Thanks

[Rushia]

Originally Posted by Karla200333

What is the name of your state? ARKANSAS

I was wanting to know if my husband, which is not the father of my child, can adopt my 5 month old son without contact of the babies father. His father has not seen his son or paid any child support. He has not tried to contact us in any way. Does he have to do anything in the process?


Thanks

First, have you already been to court. Is there a visitation or support order currently in place? Who is listed on the Birth Certificate?

[Karla200333]

Originally Posted by Rushia

First, have you already been to court. Is there a visitation or support order currently in place? Who is listed on the Birth Certificate?

I have not been to court. The father has not had anything to do with me or they baby...My last name was given to my son. I wanted to know some information before i went to the courthouse. I know if his father finds out he is going to be adopted he will put up a fight. He did with his other child by his ex wife.(in which he only seen 2 in the yr we were together)

[Rushia]

You do have to notify the father. Since nothing has happened yet, then you may have to establish paternity first and then try for the TPR and adoption. You must have the father's permission or the courts. Most states have a year law for abandonment and for your hubby to adopt most states require a year of marriage first.

[Karla200333]

Originally Posted by Rushia

You do have to notify the father. Since nothing has happened yet, then you may have to establish paternity first and then try for the TPR and adoption. You must have the father's permission or the courts. Most states have a year law for abandonment and for your hubby to adopt most states require a year of marriage first.

Thank you so much Rushia for your information...it has been helpful.

[Rushia]

Originally Posted by Karla200333

Thank you so much Rushia for your information...it has been helpful.

I try, but you may want to check back to see if others offer opinions. I am not a lawyer and I only know what I've learned here. I'm pretty sure that the father will have to be notified in any event. You can also consult a lawyer to see if there is anything that can be done to help you further.

[tigger22472]

Rushia is pretty on the money here. First paternity will need to be established and depending on the judge really could depend when his 1 year abandonment actually starts. What I mean is ... let's say that bio-dad goes into court and says he didn't know about the child and wants to have a relationship with the child even though it's already been a year (even though it hasn't at this point). If he were to contest the adoption, IMO a judge is likely to give him a shot at it if he/she believes bio dad.

My suggestion to you is to get paternity established. Start there. Have the legal father on record. Establish a support order if you'd like. Then you have solid proof if bio doesn't have anything to do with child and it will show he had the opportunity. Five month is not going to be enough time to prove abandonment especially if you don't have solid proof that bio knows about the child. With a child that small sometimes judges are reluctant to grant the adoptions, giving bio time to come forward.

One the requirments are met you could try starting the adoption procedure and the first step is to possibly ask bio if he would agree. Either way the bio must be contacted and informed and given an opportunity to contest even if he doesn't.