Abandonment & Adoption

[Kaffinated03]

I am currently living in Kentucky & have a bit of a tricky situation. Before I contact an attorney I was wondering how I go about all of this since it is tricky. I have a son who is 5, my current husband & I have been married for 2½ years. My husband would like to adopt my son. My son's biological father has not seen my son in 4 years & has not called at all in 3½ years (I recieved a random call from him in March 2005, he did not speak to my son at that time). The extremly tricky situation is that I was married at the time of my son's conception & birth, however it was not to his biological father. My then husband & I had separated & agreed to stay married so he could continue living off the military base. I met my son's biological father & we had my son. There is no father listed on my son's birth certificate, I left it blank because it was that or list my then husband who was not my sons father. My then husband & I's divorce did not acknowledge the child at all since my son was not his. I do believe it states there were no children but I don't have the papers in front of me. My question is, since both of these men obviously know about the child & neither has made any attempt in at least 3½ years to see, support or talk to my son do I have to terminate paternal rights still or have those rights been terminated through abandonment? It's really complicated I know but I'd rather have a starting point when I call the attorney. Thanks in advance for any advice you may be able to give.What is the name of your state (only U.S. law)?

 

[Isis1]

you forged the divorce paperwork. nice.

your ex husband is the legal father as the child was born during the marriage.

you will need an attorney to sort out your issues. this definitely not a DIY progect. if you do this incorrectly, the actual father might come in to establish paternity and vacate the adoption orders.

you've gotten yourself into a pickle.

 

[LdiJ]

You seriously need an attorney. No adoption is ever a DIY project but this is one adoption where you shouldn't even be getting advice from anyone other than a local adoption attorney.

 

[Kaffinated03]

you forged the divorce paperwork. nice.

your ex husband is the legal father as the child was born during the marriage.

you will need an attorney to sort out your issues. this definitely not a DIY progect. if you do this incorrectly, the actual father might come in to establish paternity and vacate the adoption orders.

you've gotten yourself into a pickle.

I'm not wanting to or planning on attempting to do the adoption myself, I'm only wondering about the father issue so I can then bring it up to whatever attorney I seek to do this. If I have to go through both the legal father and the biological father then I have to track down the biological father, the legal father I can simply have sign something saying he wants no paternal rights. I was just wondering if I need the location of both or if there is an abandonment issue where I could forgo needing to establish paternity once the legal father has relinquished rights. I will have an attorney to do the actual adoption process though, no doubt about that.