Step Parent Adoption

[Austins Mom]

What is the name of your state? CA
I have a 12year old who was born out of wedlock. My husband and I have filed paperwork to have my husband adopt him. My husband has been in his life since he was 2 years old. My son has never seen his Bio-Dad and was the one to request that my husband adopt him 3 years ago on Fathers Day. Bio-Dad has made 3 different phone calls to me. 1st phone call was when my son was 5. He was drunk and claimed to want to be a part of his sons life. We made arrangments to meet the following morning, he never showed or called. Second time was 2 years later, again he called and said he wanted to be a part of his life, we made arrangements and he never showed or called again. Third time he called, we made arrangements and he actually showed. He discussed how he would wanted to be a part of his life now and wanted to be introduced through counseling. I thought, great idea. He never showed or called again. My son was 9. He turns 12 tomorrow and we haven't heard back from him until he received the adoption paperwork. He called me and stated that he needed to be sure that this is what my son wanted and he wasn't provoked into making this decision. He told the Social Services worker that he would sign the paperwork if we did the DNA test regardless of the results. We did the test, he is dad, and now he won't return any calls. (Its been 4 months) The courts say that because he responed by phone to Social Services I need to read 3 different codes and determine which one pertains to me and file paperwork accordingly. Is it in our best interest to hire an attorney at this point? Can we file the paperwork on our own? The social services worker told me that I should go after back child support since he has never paid for him and put it towards my son's college funds. Is that even allowed?

[JETX]

Originally Posted by Austins Mom

Is it in our best interest to hire an attorney at this point?

Of course it is.

Can we file the paperwork on our own?

Depends. How are your legal skills?

The social services worker told me that I should go after back child support since he has never paid for him and put it towards my son's college funds. Is that even allowed?

Yep... you can try to get child support... but you will NOT get back support due to YOUR failure to pursue it. And you better pretty much give up on the adoption if you do because you can't have BOTH.

[Neal1421]

Originally Posted by Austins Mom

What is the name of your state? CA
I have a 12year old who was born out of wedlock. My husband and I have filed paperwork to have my husband adopt him. My husband has been in his life since he was 2 years old. My son has never seen his Bio-Dad and was the one to request that my husband adopt him 3 years ago on Fathers Day. Bio-Dad has made 3 different phone calls to me. 1st phone call was when my son was 5. He was drunk and claimed to want to be a part of his sons life. We made arrangments to meet the following morning, he never showed or called. Second time was 2 years later, again he called and said he wanted to be a part of his life, we made arrangements and he never showed or called again. Third time he called, we made arrangements and he actually showed. He discussed how he would wanted to be a part of his life now and wanted to be introduced through counseling. I thought, great idea. He never showed or called again. My son was 9. He turns 12 tomorrow and we haven't heard back from him until he received the adoption paperwork. He called me and stated that he needed to be sure that this is what my son wanted and he wasn't provoked into making this decision. He told the Social Services worker that he would sign the paperwork if we did the DNA test regardless of the results. We did the test, he is dad, and now he won't return any calls. (Its been 4 months) The courts say that because he responed by phone to Social Services I need to read 3 different codes and determine which one pertains to me and file paperwork accordingly. Is it in our best interest to hire an attorney at this point? Can we file the paperwork on our own? The social services worker told me that I should go after back child support since he has never paid for him and put it towards my son's college funds. Is that even allowed?

Was there ever a child support order? If not, you're not going to get as much as you think you are entitled to with the back support issue.

I would suggest hiring a lawyer. Adoption is not something you would want to do without one, if it can be done.

[Austins Mom]

Thank you for your quick response. This adoption has been the most frustrating process I have had to go through. (well worth it in the end)

Again, thank you for your time.