Step-Parent Adoption

[igmohair]

Missouri

I am wanting to know how my husband and I can start adoption process for my son. My husband and I have been married for little over 3 years now, we are wanting my husband to adopt my son. My son's biological father has no contact with my son for over 2 years and has not paid child support for over 6 months. My son is old enough to make his own decisions (in my eyes not the courts) and agrees to this adoption. We don't have the money for a retainer for an attorney but wanting to file the papers. We do not have a known address for the biological father.Any advice for us please. I did speak to an attorney and he had said that he can file in a newspaper for uncontested adoption but I am not sure how we can do this on our own.

 

[seniorjudge]

Missouri

I am wanting to know how my husband and I can start adoption process for my son. My husband and I have been married for little over 3 years now, we are wanting my husband to adopt my son. My son's biological father has no contact with my son for over 2 years and has not paid child support for over 6 months. My son is old enough to make his own decisions (in my eyes not the courts) and agrees to this adoption. We don't have the money for a retainer for an attorney but wanting to file the papers. We do not have a known address for the biological father.Any advice for us please. I did speak to an attorney and he had said that he can file in a newspaper for uncontested adoption but I am not sure how we can do this on our own.

You cannot do this on your own; you must hire an attorney.

 

[rmet4nzkx]

File to increase child support or enforce the current order and I'll bet the courts have his address. YOu need an attorney. Does your husband realize that if and or when you divorce, he will be obligated to pay child support?

 

[igmohair]

adoption

Yes my husband is aware that he is responsible for paying child support if we ever get a divorce. I have tried to enforce the child support order but the biological father doesn't stay working and is only required to pay minimum amount for child support order and is suppose to carry insurance on my son but doesn't stay with an employer long enough for benefits.

 

[stealth2]

Okay... I'm confused... Is this the same husband you were looking to separate from back in October? What ended up happening with the living situation - I thought he had no desire to move back to MO. And... when you moved back to MO yourself, you apparently only did so with your daughter - where was your son in the meantime?

 

[momofrose]

Here we go with musical daddy's again!

If he has not paid child support in 6 months, thst is NOT enough time to establish abandonment.

Have you spoken with the childs FATHER (not biological father) and asked if he wants to relinquish his parental rights?

D

 

[stealth2]

Have you spoken with the childs FATHER (not biological father)

Did I miss something? Who is this "other" father of whom you speak?

 

[momofrose]

Did I miss something? Who is this "other" father of whom you speak?

No - I just HATE it when mothers and fathers refer to the other as BIO... Until their rights are relinquished they are simply mothers and fathers. It's just a pet peeve of mine.

D

 

[ceara19]

No - I just HATE it when mothers and fathers refer to the other as BIO... Until their rights are relinquished they are simply mothers and fathers. It's just a pet peeve of mine.

D

It's even worse when a step parent does it.

 

[igmohair]

heres the story

I have a son who is now 8 yrs old and his "father" is in a different state. He hasn't been a part of my sons life except the few times that he has paid child support. I am married to my husband, which is my youngest daughters father, and has moved back to MO because we resolved our issues finally. In the state of MO, an attorney told me that it is abandonment after no contact with the child including child support. I have no way of contacting my son's father to offer for him to give up parental rights.

 

[igmohair]

Stealth, when I moved back to MO, I brought all 3 of my children with me.

 

[momofrose]

I have a son who is now 8 yrs old and his "father" is in a different state. He hasn't been a part of my sons life except the few times that he has paid child support. I am married to my husband, which is my youngest daughters father, and has moved back to MO because we resolved our issues finally. In the state of MO, an attorney told me that it is abandonment after no contact with the child including child support. I have no way of contacting my son's father to offer for him to give up parental rights.

In your initial post you stated you hadn't received child support in over 6 months - which to me means you have received chikd support within a year - I do not believe that is considered abandonment. What did the atty tell you about the amount of time that must pass.

I believe (and those that are in "the know" will correct me if I am wrong) - that the father still needs to be contacted to advise him that adoption proceedings will be ocurring,

D

 

[igmohair]

the attorney told me that in Missouri it is 6 months. The father only has to be contacted if there is a last known address. You can file in a newspaper (specific ones), an ad for the adoption proceedings in the county where the child resides in. If the father doesn't object, than the adoption will be granted by the courts. You can also use this technique to grant divorce, which my uncle has done.

 

[weenor]

Yes but there are specific rules of civil procedure which must be followed. You need an attorney...if this is important enough to you, then you'll find the money.

 

[igmohair]

ty and I think it might be the smart thing to do is to hire an attorney.