• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

step parent adoption

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

bugsmom

Guest
What is the name of your state? California

My sons father has asked my husband - his step father if he would be willing to adopt our son. how do we go aout doing this ?
 


nextwife

Senior Member
This is your second thread on this.

https://forum.freeadvice.com/showthread.php?s=&postid=591964#post591964

In neither thread have you stated that the stepdad really wants to do this. You only state that YOUR EX WANTS THIS. Does the stepdad understand all the legal ramifications of this, including the fact that if you ever divorced him HE would be the one paying child support? How long have you been married? This needs to be a decision the stepdad arrives at himself, not just because your ex wants it. Adoption should only be because the person adopting is fully commited to that child forever, regardless of marital status.

Not saying he's not. But your posts make it sound like this is all at the request of the biofather and that it is not your husband who is asking to please be allowed to adopt your son.
 
B

bugsmom

Guest
More Info =
My sons Bio Father left whe he was about 17 Weeks old ( roughly 4 months ) and had not seen or communicated with him until a couple of months ago ( hes now about to be 7 YEARS old ). He does pay child support through wage garnishment , he doesnt really have a choice. My son was recently diagonosed with Type 1 Juvinile Diabeaties and i informed hid Bio father about his hospitalization and what not, it was then that he descided that he wanted to see our son. He saw him once back in october and then again this month and on this 2nd visit he asked my husband if he would adopt him.
My husband has wanteds to adopt him for some time now and has even ased the bio dad in previouse years if he would allow this and bio dad hasnt wanted to do this until now. Bio dad parents have been an somewhat avtive part of my sons life and i think have always kinda fueled bio dads flame in not giving up is rights ( i can only suspect ) But what ever the reason is , its something both bio dad and my husband want for our boy.
 

nextwife

Senior Member
Of course the CS would not continue. A Termination of Parental Rights would be needed from the bioddad.

Ca Summary of Adoption Law:
California General Laws Annotated Sections 8500 to 8700 and 9200 to 9206 (1998). See also Sections 8700 to 8720 for more information specific to agency adoptions; 8800 to 8823 for independent adoptions; 8900 to 8919 for intercountry adoptions; and 9000 to 9007 for stepparent adoptions.

http://www.adoptionsolutions.com/general/state laws/ca_law.htm

Relative Adoption
There are no provisions in the law regarding relative adoptions. In the case of an adoption by a stepparent where one natural or adoptive parent retains custody, consent must be given by the custodial parent and no home study is required.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top