question

[mickey26]

My husband wants to adopt my son. My son's bio father has not seen him sence he was 6 mo old he is allmost 3. how do we go about this any help. My son's father moved out of state due to him having a warent out in ny were we live for non-payment of support. Also can we do this on are own or are we going to need a lawyer??

[Forthelittleones]

Here are some questions for you...

1. When was the last time you received CS?
2. When was the last time the father contacted the child?
3. When was the last time you contacted the father?
4. When was the last time the father contacted you?
5. Do you know where the father lives?
6. Has any one on the fathers side seen/talked/sent gifts to the child either directly or through someone?
7. How long have you and your hubby been married?

I don't need exact dates such rough estimates then I should be able to help you out more..


*this advice is from my personal experiances. I am not an attorney.  

[mickey26]

I am reciving support by garnishment he is over 6000.00 behind.
the last time he contated or any one in his family contacted us or any one in are family was over 2 years now. My mom some times see his mom when she is out but not in over 3 mo she has not moved out of state also.  My son's grandmother does not want anything to do with him if my mom did not say hi to her she would have not talked to my mom. My mom is the talk to everyone type.
I do not know were the father lives, support collection knows were his works and what state he lives in.
me and my hubby got married when my son was 3 mo old so 3 years this noverber. we have another child toghter and one on the way. My husband has two other childern which live with us that are 10 and 11.

[Forthelittleones]

I was hoping your ex would have not supported the child - then you could have had job abandoment.  

However since your are receiving support, he has not legally abandonend the child.  You would have to bring a motion to terminate his rights with your husband than adopting the child.  

Do you know why he does not see his child?

Good luck!

[purrrfectgirl]

I would recommend an inital consultation with a lawyer.  In my State, 1 year of no contact OR no support is cause for termination of parental rights.  They have to do one or the other, not both.  So check State laws before you file to terminate parental rights.  I depending on what State you live in you may or may not need a lawyer.  There are places/books that offer pre-packaged adoption kits.  I would imagine in most States you can do it yourself with something like that.  But I would talk to a local lawyer who specializes in jeuvenile court.  Most lawyers give a free 1 hour consultaion or can answer basic questions over the phone.  I'd take advantage of that to get some basic info before you attempt to file anything yourself.  Additioanlly, in adoption cases, if the location of the other parent is unknown a legal posting is put in the local paper.  If he doesn't show you get a default judgement.  If he has no family left in the area, then he will probably never know about the proceedings until they're all done.  That's my best advice.