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Step-parent Adoption MN

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EmmeRose

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

So after her denying me over and over and over again to see my daughter and the fact that every court doesn't care, just yesterday, I got an email from my ex stating that she is getting married May 15th. She says that she wants her soon-to-be husband to adopt our daughter. At first I asked her if it was an April Fool's Joke but we did email back and forth for about 4 hours yesterday and even today as well. She really wants her guy to adopt our daughter.

I haven't seen my daughter since November and besides about four phone calls since January, I haven't talked to her either. I've been to court 5 times just this year alone and no judge cares if I see my daughter or not. In fact, every month she has denied me, I've been to court that same month and my ex doesn't even get a slap on the wrist. In fact, this last time, she denied me when I was an hour drive away from picking up my daughter. (We live almost a 6 hour drive away.) She told the judge she forget it was my week and that our daughter had to go to a bday party. The judge said it was fine but she can't do it again, plus even though I asked for my gas money reimbursed, it wasn't because "the birthday party was in the child's best interest." <-- Direct quote in the paperwork. I'm sick of the court system.

Now I've been reading around on the forum and you all have been writing that for most step-parent adoptions to take place, the new step-parent and parent must be married for at least a year before the judge will approve it. I've looked all over the MN statutes and even the available paperwork online for MN about step-parent adoption and nothing says that at all. Is this one year thing a common practice across the board or is it that certain states require the one year marriage? She wants to get it done by the end of May but I told her she better get a lawyer because I doubt that can happen and that it might be months before it's all said and done.

She also said that she doesn't want me to see or talk to my daughter until she is "old enough to understand." She did say that she wants me in her life when she is older. I would love this however, an email is worth nothing. Should I, or better yet can I have a specific age written in the paperwork saying that like "when X turns X years old, the father or daughter can contact each other."
 


stealth2

Under the Radar Member
Nothing enforceable. You choose to allow the adoption, you're done. You have no child. The age you will be able to contact her will be 18. Expect to explain why you walked away. And don't expect the young lady to be too understanding when you bash her Mom and Dad.
 

EmmeRose

Member
Okay. I'm already slowly coming to terms with it, seeing as though it's already been months since I've seen her but the paperwork hasn't even been drawn yet so I can still back out if I want to.
 

stealth2

Under the Radar Member
Okay. I'm already slowly coming to terms with it, seeing as though it's already been months since I've seen her but the paperwork hasn't even been drawn yet so I can still back out if I want to.
Less than six months. :rolleyes:
 

EmmeRose

Member
Less than 6 months but I saw her a total of 7 times in about a year and before that it was over 3 years before the private detective her own mother hired to help me find my daughter, her granddaughter when she ran away.

Do you know about the marriage thing though? Do you know if there is a year long rule or do you think because it is uncontested, we can just all do it fairly quickly and be done with it.

It's sad to say but I think this will be best for my daughter. She has called this other guy daddy and her mother has convinced her that my name is D-bag. My g/f has the name of a female dog and the poor girl doesn't know any different. I don't need to explain myself further but since I can't see my daughter after all these court dates and judges don't care about me, this seems to be my only option.
 

EmmeRose

Member
Why would I need a lawyer? She's the one doing it all. She has a lawyer. Won't all I have to do is show up, read the paperwork and sign it?

I also found on MN gov website the Stepparent Adoption Communication and Contact Agreement. I know that just like in divorce/visitation paperwork, nothing is set in stone and nothing has to be followed besides CS...hence why I'm in this predicament. But I will bring that agreement up to her and see what she says about it.
 

CSO286

Senior Member
What is the name of your state (only U.S. law)? MN

So after her denying me over and over and over again to see my daughter and the fact that every court doesn't care, just yesterday, I got an email from my ex stating that she is getting married May 15th. She says that she wants her soon-to-be husband to adopt our daughter. At first I asked her if it was an April Fool's Joke but we did email back and forth for about 4 hours yesterday and even today as well. She really wants her guy to adopt our daughter.

I haven't seen my daughter since November and besides about four phone calls since January, I haven't talked to her either. I've been to court 5 times just this year alone and no judge cares if I see my daughter or not. In fact, every month she has denied me, I've been to court that same month and my ex doesn't even get a slap on the wrist. In fact, this last time, she denied me when I was an hour drive away from picking up my daughter. (We live almost a 6 hour drive away.) She told the judge she forget it was my week and that our daughter had to go to a bday party. The judge said it was fine but she can't do it again, plus even though I asked for my gas money reimbursed, it wasn't because "the birthday party was in the child's best interest." <-- Direct quote in the paperwork. I'm sick of the court system.

Now I've been reading around on the forum and you all have been writing that for most step-parent adoptions to take place, the new step-parent and parent must be married for at least a year before the judge will approve it. I've looked all over the MN statutes and even the available paperwork online for MN about step-parent adoption and nothing says that at all. Is this one year thing a common practice across the board or is it that certain states require the one year marriage? She wants to get it done by the end of May but I told her she better get a lawyer because I doubt that can happen and that it might be months before it's all said and done.

She also said that she doesn't want me to see or talk to my daughter until she is "old enough to understand." She did say that she wants me in her life when she is older. I would love this however, an email is worth nothing. Should I, or better yet can I have a specific age written in the paperwork saying that like "when X turns X years old, the father or daughter can contact each other."
The "at least one year of marriage thing is so that the new family unit is demonstrating some sense of permanance, so the court can determine "best interest." It isn't in statute, however it's general practice.

You will not find adoption paperwork at http://www.mncourts.gov]Minnesota Judicial Branch. The reason is that adoption is very complicated and should something get missed by a pro se litigant, it can seriously create a world of legal havoc. This is one place where it truly pays to use a professional --not only to complete an adoption, but to fight one.

To address your final thought, that X number? In Minnesota, that would be 18. Becasuu you would no longer be her parent. You would be a legal stranger.
 

EmmeRose

Member
CSO - Thank you for your advice but yes, you can find all of the paperwork on the MN gov website. Here is a link. If you can't follow the link go to the home page, on the left side scroll down and click "Court Forms" then on the next page, right on the top is "Adoption." Click that then the next page says "Step-parent Adoption." There is everything including the "Stepparent Adoption Communication and Contact Agreement."
If I have to wait until she's 18, so be it but that's what she wants and since no judge cares if I get to see my daughter or not, I might as well let it happen.

Court Forms
 

CSO286

Senior Member
CSO - Thank you for your advice but yes, you can find all of the paperwork on the MN gov website. Here is a link. If you can't follow the link go to the home page, on the left side scroll down and click "Court Forms" then on the next page, right on the top is "Adoption." Click that then the next page says "Step-parent Adoption." There is everything including the "Stepparent Adoption Communication and Contact Agreement."
If I have to wait until she's 18, so be it but that's what she wants and since no judge cares if I get to see my daughter or not, I might as well let it happen.

Court Forms
I stand corrected. I see it there.

You are right, but you chose to contest the adoption, y'all are going to need lawyers.

And if you don't care to push for access and time, why should a judge?
 

EmmeRose

Member
I'm choosing not to contest it. Court after court doesn't work at all. As it stands right now, how it has for over a year now is I get her every fourth weekend of the month. That hasn't happened in 5 months and in those 5 months, we went to court five times. Three were because I petitioned it since she was denying me and the other two times were because we ran out of time two of the times so the judge had to schedule another hearing.

In our current order, it states "The court anticipates the defendant will deny the petitioner visitation and will disagree again over parenting time. If this happens, the parties must first attend mediation through ____ County Family Services together for assistance before taking it up before Judicial Officer _____. If the parenting time dispute is not worked through in mediation, only then can either party bring it to Judicial Officer ____ who will make a decision."

If the court anticipates it, why don't they do anything about it? That's not a question I need answered, just something to think about.
 

proud_parent

Senior Member
If I have to wait until she's 18, so be it but that's what she wants and since no judge cares if I get to see my daughter or not, I might as well let it happen.
That's one way to respond.

A less defeatist way would be to continue to assert your rights in court. If you were to get Mom to admit on the record that she is pressing you to consent to a step-parent adoption -- before she is even married -- I'd bet my last dime that the judge would take notice...and take action.

Capitulate now and regret it at your leisure. :(
 

EmmeRose

Member
If it's the same judge that has seen us throughout the years, she doesn't listen to the "he said she said" nor will she even look at an email. She states that emails can be tampered with. (Which is true so I understand.)

So unless there is concrete evidence that my ex has said that...which would end up "he said she said," I have nothing.
 

stealth2

Under the Radar Member
If it's the same judge that has seen us throughout the years, she doesn't listen to the "he said she said" nor will she even look at an email. She states that emails can be tampered with. (Which is true so I understand.)

So unless there is concrete evidence that my ex has said that...which would end up "he said she said," I have nothing.
So you provide proof that you are trying to exercise your time, and she is denying it. Go to pick them up and request a ivil standby. Or bring a friend with a video camera. Or both. Stop at a convenience store nearby and purhase something small, keeping the time-stamped receipt.

Or, do what's easier and cheaper and walk away. Then figure out how to explain it w/o placing all the blame on Mom when the kid is 18. 'Cause she will not be completely at fault if you choose the easy way.
 

EmmeRose

Member
How long does it take for an adoption to go through? She gets re-married next month and she has told me she is getting the papers drawn up to submit them the end of May. But what I'm wondering now is that she's going to take her sweet time doing it, to milk out CS as much as she can. Does the process takes months like a normal adoption does?
I know she doesn't want me in the picture at all but I don't want her saying "Oh, I'll get to it." just so she can keep getting money from me and so I can't see my child if there never will be an adoption.
 
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