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Step-father adoption

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shellnotalawyer

Junior Member
What is the name of your state? MI

I recently posted on the Child Custody forum regarding what would happen to my son in the event of my death. I was advised that unless my husband adopts him, his biological father could get custody of him. My husband and I have discussed at length the possibility of him adopting "our" son. He has been my son's "dad" since he was 2 (he is now 12). We moved to MI when my son was 3 from SD, where the bio-dad still resides. The bio-dad has a minimal role in my son's life. Pays $100 in CS, which was the minimum 12 years ago when my son was born as at the time, bio-dad was unemployed. He has never contributed financially beyond the $100/month. Nothing. He is court-ordered to provide insurance but never has. My husband has always provided this and everything else. Bio-dad's name is on the birth certificate and my son carries his last name. Bio-dad calls 3-4 times a year and the calls have never lasted beyond 5 minutes. Honestly. The main issue is who will raise my son should something happen to me or to both me and my husband. If I die, I want my son to stay with my husband and our other son. We are a family and the bio-dad is a stranger to my son. OK, I think you get the background. At this point, after years of considering this and what the bio-dads reaction would be, we have come to several conclusions. I am truly not sure what to expect from the bio-dad. He may or may not agree to it. I think if he were to contest it, it would be on his parents insistence. They hate me. We have recently been considering the possibility of an "open" type of adoption. I don't know if this is possible in a step-parent adoption. I'm talking about my ex still maintaining some visitation rights, but my husband would be the legal father of my son. Is this possible. Also, would this be a MI or SD issue. My son was born in SD and all of the previous court proceedings were there. Next, how do you advise I approach this. Would it be better to just go through the lawyers or should I approach the bio-dad first with the possibility of the open adoption. Explaining that I am not trying to cut him out of my son's life, I am just trying to provide him with a secure future. I would request that IAAL not reply to this post. Thank you. I have searched the site and found no posts about this kind of situation. Thank you, any advice is much appreciated.
 


crystaly

Member
California

I know that in my state if a child is 12 or older they can consent to the adoption and it would carry more weight. But usually its no contact and no support for at least a year before rights can be terminated. Otherwise you need the fathers consent. There is a form he fills out that says he is giving up all rights to the child. I know that in my state there is open adoption where you agree on visitation still. And if he is adopted the bio father no longer has to pay any child support. You can buy books on how to go about doing this yourself.
 

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