See right there are two things different from our case. First off I didn't have to pick up any forms, it was all done through my attorney and secondly I didn't have to terminate my rights. In fact, I jus went and looked at the new b/c and my married name is on it... hum.. interesting (hadn't thought to even look at that).
***Well I had to do the forms, because after the attorney consult, I was told we could do it ourselves. I was told my "termination" was simply formality, and thats how they did things in my state. I was also the one who took the adoption papers and sent them out to get the new birth certificate from the OTHER state they were in. I had to fill out a form for that and could then change my name , the bio name and even the address at time of birth if I wanted.***
We had to actually sign papers, sent to us that we both (hubby and I) had to sign for a criminal background check. In our case bio dad was simply sent notice and told he had 30 days to file in the courts to contest. I don't think they can do a background check without your permission.
***No, I don't remember that at all being on my paperwork, I don't have access to it anymore, but I did just peruse the state statutes, which were revised in 2005, and though they seem to still be very lenient in the case of step parental adoptions-everything is at courts discretion in that case, and I would say my very small town court was very lenient..-they do mention that you will be subject to a background check, IF no home study is done. As far as bio-dad goes, his termination form, clearly spells out his rights, and was only considered valid if notarized.***
Our longest wait was waiting for the home study. We saw the lawyer in Feb. paid the lawyer (600$). Got a letter like two weeks later from the welfare department, went and paid them 150$ and waited. In the meantime it was filed in early March, bio dad was contacted with the above mentioned paper. Then we didn't even get the home study DONE until the end of April and it took her a month to get it into the courts. Once that was in we had a court date in like a month but we walked out with our paperwork. So from going to the lawyer (like Feb 4th) to the finalization (June 25th) it was about 4 months. However, if the caseworker would have been faster it wouldn't have been as long.
***saw a lawyer beginning of dec. for $100. sent paperwork to bio, he sent it back by end of dec, so I could file, for $50. court date and finalization, end of january.***
How long were you and Mr. Haiku together before that? I don't know that anyone ever SAID for sure there was a waiting period for us to be married but when we did it we had been married for just over a year but living together for 4.
**together for one year prior to marriage, but the only thing the application asked for was marriage date. We had only married 3 months at that time.***
Also in our state even though the letter to the bio stated he had 30 days to FILE to contest even after finalization there is technically a 1 year period he has to try to have it vacated. The law state that even after that ONE year even if notification was not of proper service he loses the right to file to vacate. Now, in our case I could possibly see that. The original letter was sent CRR and was accepted by someone I didn't know, however according to everyone the person that signed it accepted that bio would get it and that equaled to proper service. However, it makes you wonder about some of these people that purposely take off with their kids and do some pretty underhanded stuff. As like in your case, without a background check let's say it's a parental kidnapping case or who knows the possibilities.
***well, my bio wasn't really served, he voluntarily signed relinquishment papers, so there was NO question of his contesting, because he didn't know. ***
