You will need to contact a family or adoption attourney (they probably deal with the same area). Your local family court can assist you in locating one if you have trouble. lf your son's biological father is paying child support, garnished or not, and is obviously named on the birth certificate, he is the aknowledged father and will most likely have to terminate his parental rights for adoption to go ahead. l do know in some states you just have to take reasonable measures to locate and notify the father, and a judge can rule on termaination of rights himself, other states the father must consent. The length of time that you and your husband have been together is fine, and the fact that your son has been in his life from so young is great, the only area you may have trouble with is the biological father. l've posted a couple of links for you to check out to get some more information, but get in contact with an attourney ASAP. Good luck, l hope it all works out for you!
http://www.parents.berkeley.edu/advice/a鈥?/a>
http://www.expertlaw.com/forums/archive/鈥?/a>How can I get adoption papers for my husband to adopt my son?
Contact a lawyer - the biological father will need to terminate his rights (which includes child support). The lawyer can draw up the necessary paperwork for the adoption. Different rules for different states. Good luck.
open Ur phone book look a family attorney up ask for a step parent adoption it fairly easy.
go to your county officenear u they have them there and they could
tell u more.
Not sure if all state laws are the same, but your best bet would be to seek out a lawyer that does adoptions. Usually a the lawyer will get the paperwork started, they will try to contact the biological father and inform him of the court hearing ( most generally if you don't know where he is, they will run an ad in the local paper for a week or two) and then you have the hearing, and the judge will decide ( I know in my case, that we had no contact with my daughter's biological father and he didn't show for the hearing and the judge didn't hesitate in letting my husband adopt her )
hope that helps some ~ like I said, I am not sure if it's the same in all states or not.
Whether the child's biological father is involved or not, he still has rights. They will have to terminated or willingly signed over by him before your husband can adopt your son. He may be willing to do so i order to get out of paying child support.
You should contact your local family court and tell them you want to do a step parent adoption. They can tell you the process, put you in touch with a good attorney if you will need one (which you probably will) and you can move from there.
The good news is that the adoption you are looking at should not be as complicated as a traditional adoption, and will probably cost very little and be a relatively fast process (depending on the cooperation of the biological father).
At 9, they will probably speak with your son about how he feels about his biological father, his step dad, and the adoption. THey will inquire about his relationship with his step dad, etc.
Good luck!
Talk to a family Lawyer. We just went thru this, the birth certificate gets changed, essentially cutting out the bio-father
completely, as if he never existed. We didn't want to have my stepchildren fathers name takin off the B.C.
We are pursuing other options. It cost approx. 300 to have all the lawyer stuff done, and after that there is court fees that will have to be paid. We were told around $600 .
Good Luck
Wazzzz
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