Step-parent adoption looking for some additional advice

[LisaRenae]

What is the name of your state? California

Hello all, I'm new to this forum. I have a daughter that is almost 11 and a child on the way. I was married to her bio-dad and we divorced around 7 years ago. I got re-married. He was given visitation rights and was to pay child support. First he stopped visiting her we had a public drop-off arranged in the court order safety issues. He eventually stopped showing up. After that it was around 7 months later he quit his job and stopped paying support.

My current husband and I have been married 6 years and my daughter knows his m as daddy. He loves her like his own, most people don't even know their not blood-related. In any case he wants to adopt my daughter and she' wants him to adopt her. However, I've always felt as though before she should be old enough to understand what is going on before proceeding. We've explained the process and have told her that if for some reason it doesn't go through we are always a family

We've hired an attorney to handle our case; no way did I want to take a chance on this one. We were told our chances are good because the courts gave him right s which he chose not to exercise. My attorney is filing termination of parental rights based due to abandonment.

It has been almost two months and no paper work has been filed yet, and my ex hasn't been served. I understand he has 30 days to reply and there will be a background check. My attorney didn't think it would be a problem if we left the state and flew back when necessary. How long does this process usually take in California? I've had to be a pain in my attorney's side to keep this process going. I made it very, very clear that we were planning on moving to another state, which he didn't think was a problem. Our house is going up on the market in the next week and I'm now concerned because it appears as though he was dragging his feet. Any advice for keeping this process going? I hired a skip trace to obtain the last known address. So my attorney has everything he needs from me.

Originally I had though t about doing a change of jurisdiction and filing in the new state. , getting a move away order. There is nothing on my final decree stating I can't move her...attorney didn't see a problem with this? Does my daughter have to be here for the background check? She has been going to visit my parents the last two summers and will do this one to. Do they need to interview her? Originally I was told paperwork would be filed in a week or two and background check would begin immediately. , but he is still dragging his feet. The only thing that was done expeditiously was cashing the retainer check.

[George1620]

Originally Posted by LisaRenae

What is the name of your state? California

Hello all, I'm new to this forum. I have a daughter that is almost 11 and a child on the way. I was married to her bio-dad and we divorced around 7 years ago. I got re-married. He was given visitation rights and was to pay child support. First he stopped visiting her we had a public drop-off arranged in the court order safety issues. He eventually stopped showing up. After that it was around 7 months later he quit his job and stopped paying support.

My current husband and I have been married 6 years and my daughter knows his m as daddy. He loves her like his own, most people don't even know their not blood-related. In any case he wants to adopt my daughter and she' wants him to adopt her. However, I've always felt as though before she should be old enough to understand what is going on before proceeding. We've explained the process and have told her that if for some reason it doesn't go through we are always a family

We've hired an attorney to handle our case; no way did I want to take a chance on this one. We were told our chances are good because the courts gave him right s which he chose not to exercise. My attorney is filing termination of parental rights based due to abandonment.

It has been almost two months and no paper work has been filed yet, and my ex hasn't been served. I understand he has 30 days to reply and there will be a background check. My attorney didn't think it would be a problem if we left the state and flew back when necessary. How long does this process usually take in California? I've had to be a pain in my attorney's side to keep this process going. I made it very, very clear that we were planning on moving to another state, which he didn't think was a problem. Our house is going up on the market in the next week and I'm now concerned because it appears as though he was dragging his feet. Any advice for keeping this process going? I hired a skip trace to obtain the last known address. So my attorney has everything he needs from me.

Originally I had though t about doing a change of jurisdiction and filing in the new state. , getting a move away order. There is nothing on my final decree stating I can't move her...attorney didn't see a problem with this? Does my daughter have to be here for the background check? She has been going to visit my parents the last two summers and will do this one to. Do they need to interview her? Originally I was told paperwork would be filed in a week or two and background check would begin immediately. , but he is still dragging his feet. The only thing that was done expeditiously was cashing the retainer check.

Just and FYI when your daughter turns twelve she can also consent to the adoption. Also what kind of court ordered visitation does the bio dad have?

[url]http://california.adoption.com/[/url]

[crystaly]

Yes the social worker will need to talk to the child. You must have her available during the home visit. No contact and no support for the period of one year is the law in California for termination of parental rights. I suggest you get another lawyer if your lawyer isn't doing anything. The whole process is rather easy. I'm doing my own stepparent adoption right now and won't be hiring an attorney until the ex is appointed one. You can go to [url]www.adoption.org[/url] for more information on how to do a stepparent adoption for California. It has been very helpful for me.

[LisaRenae]

Bio-dad had visitation every other weekend, and alternate holidays. I signed the attorney agreement in April its now the end of June and I just got the paperwork to sign. Nothing has been filed to date and he still hasn't been served. How long does it take to get a home study done? Our house is on the market for sale and I don't know if this will be an issue or not. My husbands company is transferring him, so right now I'm a little at my wits end. We knew the entire process would not be completed while in transition and the attorney was ok with that but nothing has happened.

I gave a non-refundable retainer. So am I just out of my money? I can't afford to pay another attorney to have this done. Any help would be appreciated.

[crystaly]

Well it depends on how busy the social workers are. And how fast you get the paperwork to them. In my county I filed my papers and faxed the papers to the social worker and she immediately made an appointment for me. First there is an orientation and then theres a home visit. this whole process could take up to 6 months or more once its started. Depending on the situation and how your filing. But the child must be a resident of the county for 6 months before you can file. So you can move but your gonna have to wait another 6 months. And if you paid an attorney to do a job and hes not doing any of it then I would contact the bar association because that is fruad. You can't take money and then not earn it. You can also start the proceeding on your own. Really... its easy. The only part you might need a lawyer is if the bio father contests. If you do not know how to do your own paperwork a paralegal will suffice. I'm telling you, go to a book store and see if they have the book I was talking about. It has answered all of my questions and showed me exactly what I needed to do, to do my adoption. Oh yeah, don't forget to go to court and get a move away order. If you don't at least try to inform him that you are moving than it could hinder your adoption if you move without telling him. Would make it very easy for him to appeal and win if you were not making the child available for visitation before adoption is final.