Step-parent Adoption (hopefully)

[luvyaant]

What is the name of your state? Tennessee

Hello!
I was wondering if I could get some words of wisdom concerning my situation. My DH and I have been married for almost 2 years and he would like to adopt my son from a previous relationship. There is a custody order out of the state of AZ (dated Sept. 2003), joint legal custody and I'm the primary caregiver. Well the bio-father has NOT had any visitation since May of 2003, by his choice. The order states that the bio-father is responsible for all travel costs etc. The last time he has contacted my son (who will be 11yrs old in May) was a Christmas card in 2005 & a gift card, nothing since, not even a b-day card, letter, phone call or anything. I haven't spoke to him since January of 2006. He does pay child support, occassionally, but very rarely is current.
I'd like to change jurisdiction from the state of Arizona to the State of TN and file for my DH to adopt my son here, since this is our state of residence. Isn't the lack of contact from the bio-father grounds for termination regardless of the child support payments?? What do you think would be the best route to take with this?? Also, what is a good estimate of the cost to pursue this? Thanks in advance for your assistance.

 

[haiku]

your first step should be a family lawyers office, in the state of Tennesee.

 

[luvyaant]

Thanks for the suggestion-haiku. I figured that would be the best. Just thought someone may know on here. BTW-like your quote.

 

[Zigner]

Isn't the lack of contact from the bio-father grounds for termination regardless of the child support payments??

Child support is considered "contact" for these purposes - your ex is working at fulfilling his obligations to the child (even if only "occasionally").
With that said - have you tried to contact ex to see if he's be willing to voluntarily relinquish his parental rights in order to allow this adoption?

 

[tigger22472]

Child support is considered "contact" for these purposes - your ex is working at fulfilling his obligations to the child (even if only "occasionally").
With that said - have you tried to contact ex to see if he's be willing to voluntarily relinquish his parental rights in order to allow this adoption?

This is not always true... some states consider CS contact while others don't and even still some consider if the CS is obtained by being forced (i.e only through tax check or only when threatened with jail) hence another reason to seek counsel from an attorney. Tn actually has one of the shortest abandonment times... 6 months.

To the OP.. I am unsure that the custody and/or CS issues need to be changed to Tn or not (again.. check with the attorney) since in either case the adoption would be filed in Tn as that is the state of residency of the child and they hold jurisdiction over the child. Also, I suggest getting several consults with different attorneys as far as price because many vary. The prices also vary due to geographic area. For example, mine was done for a total of 800$ and that included court costs, attorney and the home study (which your state may or may not require) while I have seen them cost in the thousands

 

[LdiJ]

your first step should be a family lawyers office, in the state of Tennesee.

An attorney who specializes in adoption would probably be a better choice than a family law attorney.

 

[haiku]

An attorney who specializes in adoption would probably be a better choice than a family law attorney.

in my admittedly humble experience (two step adoptions two different states...) family law lawyers ARE familiar with step parental adoptions, and if they cannot do it would tell you so?...

my main point as always being-adoption is NEVER a do it yourself project....

 

[ceara19]

in my admittedly humble experience (two step adoptions two different states...) family law lawyers ARE familiar with step parental adoptions, and if they cannot do it would tell you so?...

my main point as always being-adoption is NEVER a do it yourself project....

I've found that family law attorneys are many times BETTER at dealing with step parent adoptions then adoption attorneys, especially when the bio-parent whose rights are being terminated isn't cooperative.