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How Long Does It Take For A Step-parent To Adopt

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monnickasmommy

Guest
What is the name of your state? az

My husband and his ex wife agreed to allow her husband to adopt daughter-

Last we heard from ex-wife attorney was in Feb or March that everything was "approved" from the Judge in MI to allow my husband sign the papers in front of a AZ judge -
As of 4/7 her attorney called us and needed some info- "I" spoke to her for about 25/30 minutes she needed the Judges # since we have the direct line due to many court hearings here. And during the time I had I told here the reason why he decided to do the TPR/Step parent adoption I my opion it opend her eyes about some things - She stated she would send us a copy of the petition - Waited a week and still wating - So my husband called the AZ courts here and NOTHING Has been done , her attorney has not even called - Well Monday, I called the MI courts in Midland to find out if the case # she gave us was "fake" and it is not - HOWEVER I got to talking to the wonderful lady and she is "flaging" the file as Incomplet-because the Attorney has not sent us copies in the 20 days as of FEB 3rd. -- Also I told her that the reason he wants to see what was said so he was not slammed or bashed- by ex saying he has NOt paid child support he has over 16,000 and has not communication -



Does it really take almost 3 months for a TPR/stepparent adoption to take place ?
 


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tigger22472

Senior Member
The length depends on each case and on the courts actually. We sent my lawyer the money the middle of Feb. but it didn't get filed until March 3rd. We had the home study done this past week and the lady assured us that the adoption will be final within the next month. BUT.. I live in a small town and it doesn't take any time to get into court. So my total will be about 3 months. I'm told that is standard.
 
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monnickasmommy

Guest
Update

Things are looking pretty good - His letter to his ex wife put a rocket in her ---Her attorney had some court papers faxed to our court house for the Judge to look at - However still he has not seen ONE single piece of this adoption -:confused: The Judge's clerk told my husband he should have already have the ORIGINAL documents- he said I don't I have not seen nothing - She told him , that there will be a hearing either at the end of this week or next week, however if he does not have the papers it wil hold things up again- He has called several times to HER attorney- No return call or no answer - So to him it sounds like they are hiding something behind him or waiting till the last second- A few questions to ask
1. Can he ask for a copy of her original Birth Certificate to have for her when she get to be a legal adult- (He has never had one due to the fact she was born in Gemany and it takes a judges signature to obtain one)
2. Can he ask for one final picture of her- he has not had one for almost a year ?
3. Does the Judge ask him questions ? Like why are you doing this ? His answer would be something like this- Your Honor, I have fought for 5 years with her for visitation, she will NOT obey ANY court orders, she flees to her home country Germany in order for me not to see my daughter during the time I am to have her in the summer. This is what mom wants so she is "happy" :D
 
T

tigger22472

Senior Member
monnickasmommy said:
Things are looking pretty good - His letter to his ex wife put a rocket in her ---Her attorney had some court papers faxed to our court house for the Judge to look at - However still he has not seen ONE single piece of this adoption -:confused:

***If they are not about the adoption what are they about??

The Judge's clerk told my husband he should have already have the ORIGINAL documents- he said I don't I have not seen nothing - She told him , that there will be a hearing either at the end of this week or next week, however if he does not have the papers it wil hold things up again- He has called several times to HER attorney- No return call or no answer - So to him it sounds like they are hiding something behind him or waiting till the last second- A few questions to ask
1. Can he ask for a copy of her original Birth Certificate to have for her when she get to be a legal adult- (He has never had one due to the fact she was born in Gemany and it takes a judges signature to obtain one)

***He can ask for anything he wants, just depends on what the judge goes for.

2. Can he ask for one final picture of her- he has not had one for almost a year ?

***See answer above.

3. Does the Judge ask him questions ? Like why are you doing this ? His answer would be something like this- Your Honor, I have fought for 5 years with her for visitation, she will NOT obey ANY court orders, she flees to her home country Germany in order for me not to see my daughter during the time I am to have her in the summer. This is what mom wants so she is "happy" :D
Click to expand...
***Every judge is different. The judge might ask HOWEVER I stress that if this is something your husband believes is the best thing for his daughter then he doesn't say what you projected. Adoption is an all or nothing situation. He either WANTS to see his daughter and he does what it takes to ensure that or attempt to or he gives up his rights. Adoption isn't the answer if he wants a relationship with his child and mother is preventing it. The answer is going to court and fighting for one. A judge might be less likely to grant the adoption if he doesn't believe your husband is sincere about his desire to have her step-father adopt her. JMO
 
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hbriggs007

Guest
Do you know for sure if your husband is expected to show up to court or just his lawyer? Reason I ask is because my husband didn't have to attend any of the court hearings concerning the step parent adoption of his child. His lawyer mailed him everything he needed to sign and that was that. His actually took less than 90 days before finalization, but I think it averages between 3-6 months in most states.
 
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monnickasmommy

Guest
Yes my husband is planning to show up in court- Put it this way - her attorney will NOT even return a phone call to the Judege here !


Went to the court house today and got her faxed copies of the documents - Just real simple -
Ask question like She did not give or he did not pay her to do the adoption --

Her attorney wants to appear telephonicly- NO problem -
Other wise there was no petition for the adoption from her attorney yet -
The Judges court personal told us as soon as we get the original documents to let her know as soon as possible, She also said to keep calling them until we get them-

Next question is - The judge in Michigan signed the papers on March 16,2004
Would the courts go by that date to Stop child support or do they have to wait for his signature too ? Or should he ask the judge that question ? He don't seem it fair to him ,that his ex wife and attorney is taking almost a month and hafe to get the papers to our courts in AZ.
 
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monnickasmommy

Guest
We got the court papers finally - He is upset at them - She put on the papers word for word:(applies only to step-parent adoptions) The noncustodial parent has failed to provide support with the support order and failed to visit or contact the adoptee for a period of 2 years or more He has provided 13,000+ in Support- He does/did have a order for visitation however mom is the one violating it-

Do they have to put this on the court papers saying he has not provided support so the step-parent can do the adoption. ?

It also states "The adoptee has been living in teh hiome of and with the petitioners for 82 months before the filing of this petition." Child is alomost 11 years old.

Also- Can they change her ENTIRE NAME they want to change if from Cinderlla Nadine to Cindy Christine, How would this effect the child that has known her true legal name - This was NOT part of the aagreement-Her last name was the ONLY thing he agreed upon changing

Can he be forced to do the step-parent adoption if he disagrees what is being done now-?

If anyone From MIchigan can help it would be greatly appreciated. Thank you

Can he just tell them forget it- I am NOT doing this I disagree with what is being said-
 
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tigger22472

Senior Member
It sounds to me that the part you quote is just a standard paper because that's what mine said and that is one of the requirements for a TPR in my state. Secondly.. as far as the name change that CAN be done.

They can ask for whatever they want... if he disagrees then he fights it. If he lets her know what he disagrees with more then likely if this is something she wants she'll make changes.
 
C

coosi

Guest
What is the name of your state?Child is alomost 11 years old.
Also- Can they change her ENTIRE NAME they want to change if from Cinderlla Nadine to Cindy Christine, How would this effect the child that has known her true legal name - This was NOT part of the aagreement-Her last name was the ONLY thing he agreed upon changing

**I very much doubt a name would be changed without consulting an 11 yo child, and I can't imagine being named "Cinderlla Nadine"! Good Lord :eek:
 
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monnickasmommy

Guest
I accidenty spelled it wrong brain thinking fast than fingers - It is Cinderella Nadine This is strange too however she was born in Germany and they have to go by a book of names and my husband wanted Cindle and that was the closest. Nadine is named after his deceased mom-
Thanks for the "uplifting" answers, this saying he has not paid also shocked our child support office that they had to call the Attorneys General Office
 
stealth2

stealth2

Under the Radar Member
Once the kid is adopted, they can change her name to anything they and the child agree to - even "Monkey-headed Dodo Lastname". Your husband has absolutely no say in the matter. That's why it's called TERMINATION of parental rights. He will no longer be her father.
 
K

krispenstpeter

Guest
monnickasmommy said:
It is Cinderella Nadine This is strange too however she was born in Germany and they have to go by a book of names
Click to expand...

This is a general misconception. If the child is a German citizen then German law requires an 'accepted' name which can be a derivation of the Offizielle Namen Buch entries.

However, simply being born in Germany does not automatically require the child falls under the law.
 
M

monnickasmommy

Guest
I did call the porbate court this morning and they said "If he disagree's with this line "The noncustodial parent has failed to provide support with the support order and failed to visit or contact the adoptee for a period of 2 years or more--"
He can put the papers in his filing cabnet shoe box or whatever until her attorney either calls him and ask us why they are not signed- And the probate clerk told us to say " Until you can PROOVE for 2 years child support has not been paid, that is when I will sign them" ! So they means she will have to start refusing the child support checks - (He can not stop it because it is garnished weekly)
 
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haiku

Senior Member
is any of this "not paid support" having to still be paid back? or is it being forgiven?

having also done a step parental adoption that was also part of the basic wording, even if it had nothing to do with the actual case.

If yo uare giving up rights you have to let go.....

(and I have to say if I was 11 and my name was legally Cinderella Nadine, I would be all over cindy christine....)
 
C

coosi

Guest
(and I have to say if I was 11 and my name was legally Cinderella Nadine, I would be all over cindy christine....)

**First day of school, teacher calls out "Cinderella?" and she sort of slinks down in her seat...OMG, just change it before she starts middle school!
 
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