child support for adopted son?

[hoopke]

What is the name of your state? California
When my husband was seperated from his ex-wife 8 years ago, not legally divorced yet, she had a bady with someone else. Ever since the baby was born, he's been living half the time with his mom and half time with my husband. Now, the mommy would like my husband to adopt him. Right now, my hasband only pays child support for his own daughter. When he adopts that boy, is the mommy entitled to bring him back to court and ask for Child support? We love the boy and would like to have him adopted, but we don't want his exwife to take advantage of us financially which she has shown previously the capability of doing so. thank you for your advice.

 

[nextwife]

Ac tually, I don't believe there is any legal way for just one of a married couple to adopt. Of course, if she wants you AND your husband to adopt this child, she will no longer be the parent, but I don't believe a married man may adopt unless he and wife adopt together.

Once an adoption occurs, he will be the legal parent and have the same legal responsibility for his new son as his daughter.

 

[hoopke]

That's something new

First of all, thank you very much for reply my message.
Does it mean that my husband alone can't adopt the boy and it has to be the 2 of us. What's more, once we adopted that boy, his mum will lose her parent right? I don't think that's what she wants. What she wants is that she and my husband be the legal parents for that boy so if anything happens to her, the boy's bil dad can't take the boy away. And she definately doesn't want to lose the parent right to that boy and make me the MOM. Could you please answer more? Thank you sooo much.

 

[stealth2]

The court is not going to allow a divorced couple to adopt the child.

 

[nextwife]

Here is a summary of the CA adoption statute:
http://www.adoptionsolutions.com/general/state laws/ca_law.htm


And if he IS able to adopt, he likely will end up paying CS. No way to "negotiate" that away. Any agreement now, preadoption, would be unenforcable - if she ever wanted CS for the boy, she cxan file for it once adopted. Now, any support by your hubby is voluntary..

 

[hoopke]

Is there any possible way for my husband alone to adopt the boy while his mom still be the parent?

 

[nextwife]

we don't want his exwife to take advantage of us financially which she has shown previously the capability of doing so. thank you for your advice.

If you find a way to do so (talk to an adoption attorney, as far as I know, a married person needs to adopt along with their wife) DO expect to pay CS unless your home has legal custody..

 

[VeronicaGia]

What is the name of your state? California
When my husband was seperated from his ex-wife 8 years ago, not legally divorced yet, she had a bady with someone else. Ever since the baby was born, he's been living half the time with his mom and half time with my husband. Now, the mommy would like my husband to adopt him. Right now, my hasband only pays child support for his own daughter. When he adopts that boy, is the mommy entitled to bring him back to court and ask for Child support? We love the boy and would like to have him adopted, but we don't want his exwife to take advantage of us financially which she has shown previously the capability of doing so. thank you for your advice.

They were still legally married at the time of birth. I doubt an adoption needs to take place since he is legally the childs father, unless a DNA test has proven otherwise.
He was married to her, he has held the child out as his own, he needs an attorney because I think she could file for custody and support from him right now and he'd be along for the ride.

 

[hoopke]

The child is definately not my husband's because he is a black boy and his bio father's name was listed on his birth certificate.
The whole adoption thing came up when the bio dad showed up a couple of months ago, after 8 years of disappearance, wanting to sort up catch up with the family line. During the 8 years, the boy's mom tried to trace him for the child support but whenever an attorny located him, he took off again. And now she starts to worry if anything happens to her, the man might just take the boy away. She wants the boy stay with my husband. The only reason why we were talking about adopting him is to remove his bio father's parental rights. Is there any way just to relinguish his rights and maybe she can make a will saying that should anything happens to her, we are the first preference to adopt the child?
Thank you very much.

 

[LdiJ]

The child is definately not my husband's because he is a black boy and his bio father's name was listed on his birth certificate.
The whole adoption thing came up when the bio dad showed up a couple of months ago, after 8 years of disappearance, wanting to sort up catch up with the family line. During the 8 years, the boy's mom tried to trace him for the child support but whenever an attorny located him, he took off again. And now she starts to worry if anything happens to her, the man might just take the boy away. She wants the boy stay with my husband. The only reason why we were talking about adopting him is to remove his bio father's parental rights. Is there any way just to relinguish his rights and maybe she can make a will saying that should anything happens to her, we are the first preference to adopt the child?
Thank you very much.

I understand what you are all trying to accomplish legally but I sincerely don't see any way that it can be done. However if there is any possibility at all an attorney would be the best person to consult.

 

[hoopke]

Thank you very much for your time and attention. I think we will try to find an attorney for more detailed advice.

 

[pammness]

About you and husband

I am a little lost, do you and husband reside in California ? Does biomom also live in California ?

 

[stealth2]

And you're replying to a 6 month old post because...........why?

 

[pammness]

Pardon Me...

And you're replying to a 6 month old post because...........why?

I did not see that this post was 6 months old..... simple mistake... Sorry