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step-father adoption

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latasha1117

Guest
my husband and i got married june25 2003 and he has been taking care of my son since march of 2001. My son has been around his biological father a total of may30 times.
We just moved to Tennesse, but we are from Texas. My husband provides medical for my son. His real father fails to support him finacially and has basically abandoned him.
heres my question... since i have moved out of the state and my son has his real fathers last name, but he hasnt and doesnt do anything for him. Considering that we just got married what are some actions that we can take to have my husband husband adopt him. He calls my husband daddy and thinks that he is his dad and has thought that since he was 5 months old. Hes the only dad he has ever known.
 


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munchkin03

Guest
You should talk to a lawyer in your state. They should be able to tell you about the adpotion laws. In Michigan the bio father has to have no kind of contact with the child for 2 years. And that mean fiancially. You also have to be married for 6 months. Also make sure he is able to find you. So you can say that you arent hiding from him
 

usmcfamily

Senior Member
First thing you will need to do is to reside in Tennessee long enough to establish residency for you, your husband and the child.........that vaires by state but the minimum is usually 6 months (check w/clerk of the court in your jurisdiction to get the specific for where you are)
In Tennessee parental rights may be involuntarily terminated to make way for adoption (including by a step-parent) after 4 consecutive months of willful failure to visit or provide for a child....(go to http://harmony.cc/resource/law/tnalo.pdf to read more)

Once you have established the residency issue and can prove you have met the grounds for abandonment (consult clerk of court to find out what would constitute proof of this) you could file the petition for the termination of bio-dad's rights and adoption by step-dad. The bio-dad will be served and given time to respond/contest (typically 30 days) -- at the end of that 30 days if he has not responded the action will be done by default .
Because this can become complicated it is really best to spend the next few months (while you wait to gain residency) saving enough money for an attorney to help you with the process
 

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