Step-parent adoption

[autumn398]

What is the name of your state (only U.S. law)? NE

Break down of facts:
-Son's biological father is on the birth certificate

-We split when our son was 6 months - our son is now 4

-I have primary legal & physical custody, bio dad has visitation 2x a week (ordered hasn't used it once - sees him maybe twice a year)

-He is ordered child support & got a 30 day jail sentence for failing to pay (was only in 1 hour though, his girlfriend paid his bail)

-I started dating my husband when my son was one - my son recognizes him as his dad.

-We have asked the bio dad to let my husband adopt him for the last year, but he hadn't agreed

-The bio dad has now agreed to give up his rights b/c he said he can't afford the child support payments anymore


So, my question is - do you know what the best way to file for step-parent adoption is? Do we have to get a lawyer? How much might it cost? We don't have a lot to spend on a lawyer, but since he is agreeing to the adoption now I feel that we should take action. I was really hoping to have his bio dad in the picture forever, but he made the decision to take himself out of the picture long ago and due to many factors (bi-polar, etc) - I would feel safer knowing that my husband won't have to fight for his rights to raise our son when I die. Also, if my husband had filed for bankruptcy will that affect his chances of being able to adopt?

Also, after the adoption we want to change our son's last name because right now it's hyphenated. Is it as simple as when I changed my name & just had to go to the social security office with our marriage certificate or do we have to go through a court process?

Thanks!

[IsabellaSoriano]

okay, to be honest, no one here really gives a step by step of step-parent adoption. it's a very complex thing. and one little thing missed or done incorecctly, the adoption can be vacated and dad can resume his rights. and i can pretty much bet, once it's done, you don't want it undone.

as dad is willing to release his rights, now it the right time to do it. it will be quicker, and cheaper. maybe. what you can try doing to lower the costs, is to do all the leg work, have an attorney set up the paperwork for you.

[autumn398]

Thanks Isabella -
Maybe I'll just have to bite the bullet and hire an attorney, we were just hoping there was a way that we could do some of the work ourselves, but I don't want anything to go wrong.

[IsabellaSoriano]

shop around for attorneys. the less work they do, the less they charge.

and you're welcome.