step parent adopting step son

[ashe090988]

What is the name of your state (only U.S. law)? NC

My husband and i have been together for 4 years and are newly married. he has a son and has full custody. the biological mother still is in his life, she maybe calls to see him maybe once every six months. they have a custody agreement that is over 8 years old and very out of date. she does not pay child support. We have not talked to her about me adopting or her giving up her parental rights. Could some one please tell me what i should do in both situations? most likely she will not want to sign over her rights. Also any advice about the out of date custody agreement would be great.

 

[Antigone*]

What is the name of your state (only U.S. law)? NC

My husband and i have been together for 4 years and are newly married. he has a son and has full custody. the biological mother still is in his life, she maybe calls to see him maybe once every six months. they have a custody agreement that is over 8 years old and very out of date. she does not pay child support. We have not talked to her about me adopting or her giving up her parental rights. Could some one please tell me what i should do in both situations? most likely she will not want to sign over her rights. Also any advice about the out of date custody agreement would be great.

You have no legal right to do anything. This child has a mother and you cannot force her to give up her rights.

No advice to legal strangers other than to stay our of his legal business.

 

[Silverplum]

What is the name of your state (only U.S. law)? NC

My husband and i have been together for 4 years and are newly married. he has a son and has full custody. the biological mother still is in his life,

Here, as elsewhere, we reserve the term "biological parent" only for those who gave up their children to be adopted.

Other than that usage, we (as elsewhere) find it to be offensive. It's used to demean and displace.

she maybe calls to see him maybe once every six months. they have a custody agreement that is over 8 years old and very out of date. she does not pay child support. We have not talked to her about me adopting or her giving up her parental rights. Could some one please tell me what i should do in both situations?

None of the complaints against Mom are urgent, are they?
You should and can do nothing at all.
Your husband, the one with full custody, the one who IS a parent of this child, should do as he pleases. Hire an attorney, talk with Mom, whatever.

most likely she will not want to sign over her rights. Also any advice about the out of date custody agreement would be great.

And Mom does not have to sign over her rights to her child. Game over, for Dad and you at that point.

The "out of date" custody agreement stands till changed by a court.

 

[Zigner]

And, not that it matters with regard to custody and visitation...but if no child support was ordered, then mom is doing nothing wrong by not paying child support.

 

[NellieBly]

You can't adopt someone's child out from under them.

You have to be a really, really REALLY bad parent to have your rights involuntarily terminated.

 

[LeemonGator]

You can't adopt someone's child out from under them.

You have to be a really, really REALLY bad parent to have your rights involuntarily terminated.

True...but the definition of really REALLY bad varies from state to state. I recently won a case in my state where the biological parent had paid child support but had not contacted child in years. We won based on failure to assume parental duties and the need for consent was dispensed. There are numerous duties associated with being a parent.

All depends on state's exact law and the high court interpretation of them.

 

[mistoffolees]

True...but the definition of really REALLY bad varies from state to state. I recently won a case in my state where the biological parent had paid child support but had not contacted child in years. We won based on failure to assume parental duties and the need for consent was dispensed. There are numerous duties associated with being a parent.

All depends on state's exact law and the high court interpretation of them.

Mom calls to see the child every 6 months or so according to OP. That's unlikely to allow for termination of parental rights in any state that I know of.

 

[LeemonGator]

Misto,

Good point, and I agree.

 

[Proserpina]

Mom calls to see the child every 6 months or so according to OP. That's unlikely to allow for termination of parental rights in any state that I know of.

That would very often constitute "no meaningful contact" (or whatever the term is used) in my state, at least. Granted, these things are decided on a case-by-case basis and of course different judges will interpret and apply the law in different ways.

I just no longer think it's accurate to state that once-in-awhile contact is likely going to be enough to prevent an involuntary TPR.

 

[LeemonGator]

That would very often constitute "no meaningful contact" (or whatever the term is used) in my state, at least. Granted, these things are decided on a case-by-case basis and of course different judges will interpret and apply the law in different ways.

I just no longer think it's accurate to state that once-in-awhile contact is likely going to be enough to prevent an involuntary TPR.

Your statement rings true in my state, at least from what I experiences. Of course, the biggest hurdle is showing the Judge an accurate picture of whats happening.