step parent adoption

What is the name of your state? that's a little confusing- We are military, We are curently in GA, we are moving to CO in 2 months, but we are still Florida residents.

My son is 7, I've been married to my husband for 5 years. My husband wants to adopt my son. The bio has not had contact with him in about 6 years. The last time I heard anything from him was 3 years ago, and that was for him to tell me that he would be trying to fight for custody, but nothing came of it.

If there a time frame that must past that I would not have to receive his consent for the step parent adoption to go through?

If he is contacted by the courts about it and he contests the adoption, what are the chances of the court will award him visitation or something of that nature?

We have been lucky till this point not to have to deal with any of that, but I don't want to start an adoption that would keep the bio out of my sons life, only to end up with the court telling me that I have to let him.

and, If I'm in CO and the bio is in FL, how would visitation work anyway?

Thanks

elleoelle said:

What is the name of your state? that's a little confusing- We are military, We are curently in GA, we are moving to CO in 2 months, but we are still Florida residents.

My son is 7, I've been married to my husband for 5 years. My husband wants to adopt my son. The bio has not had contact with him in about 6 years. The last time I heard anything from him was 3 years ago, and that was for him to tell me that he would be trying to fight for custody, but nothing came of it.

If there a time frame that must past that I would not have to receive his consent for the step parent adoption to go through?

If he is contacted by the courts about it and he contests the adoption, what are the chances of the court will award him visitation or something of that nature?

We have been lucky till this point not to have to deal with any of that, but I don't want to start an adoption that would keep the bio out of my sons life, only to end up with the court telling me that I have to let him.

and, If I'm in CO and the bio is in FL, how would visitation work anyway?

Thanks

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Does he pay support?

there is an order for support, and in the begining he paid sparatically, but for the last few years I have only received his tax refund. It seemed as if everytime they found him at one job he would quit and go to the next. Should I stop support? I thought CS had nothing to do with visitation or custody.

elleoelle said:

there is an order for support, and in the begining he paid sparatically, but for the last few years I have only received his tax refund. It seemed as if everytime they found him at one job he would quit and go to the next. Should I stop support? I thought CS had nothing to do with visitation or custody.

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It doesn't have anything to do with the ability of the NCP to visit his/her child but you can't claim abandonment if the NCP is paying ANY child support.

Have you asked the father if he would be willing to TPR voluntarily?

baystategirl said:

It doesn't have anything to do with the ability of the NCP to visit his/her child but you can't claim abandonment if the NCP is paying ANY child support.

Have you asked the father if he would be willing to TPR voluntarily?

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A tax return intercept may not qualify as "contact" under a state's abandonment law. I suggest that she consult a local attorney.

However, at this point, even though you remain legal residents of FL due to the military, an adoption, if its possible, is probably going to have to be handled where you are living. So, you will probably have to wait until you have moved to CO, and have been there for at least six months.

Ok, I didn't think that the inercept would qualify as him "paying" CS, I'm sure he did not know he would not be getting the refund himself. I have an appointment with a lawyer next week, i just don't want to go in blind not understanding all asspects of the adoption. It is my understanding that if for some reason (the CS tax inercept) the abandonment law does not apply to us, that the court must contact or try to contact the bio for his consent to the adoption, if the bio does not consent, what are the chances a judge would grant joint custody or something of that nature to a man who wouldn't know his son if he was standing right in front of him? I understand there are laws and that courts would prefer to leave children in the custody of their biological parents, but when do the other circumstances come into play?

I asked the bio for the first 2 yrs of my sons life to relinquish his rights and every attempt failed, whether or not he is willing to now i have no idea. I don't even know where he is all I have for him is an email address, and i haven't received and email from him in years so I don't even know if it still works. Should I contact him or should I wait for a lawyer to do so? Pissing him off isn't really in my better interest right now.