Step Parent Adoption?
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Step Parent Adoption?
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My husband wants to adopt my three year old. He is the only father she has ever known, her birth father has never even laid eyes on her. We want to ask for a settlement payment of his back childsupport and a little more. Is this appropriate to ask for something like this. I also want him to pay for all the attornies fees since he is the one that doesn't want anything to do with her. Any advice. I am calling a family attorney today, but I wanted to see if this was appropriate.
Additional Details
He has paid childsupport every month since he was ordered to pay. He just doesn't want anything to do with her. I do feel like if I could get a sum from him to put in a trust for my daughter for her schooling that it would be fair.
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DH69
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You can't ask the father to give up his parental rights and also pay a lump sum for child support. Do you understand what adoption is? In giving up a child for adoption you give up your legal rights to that child, which includes financial responsibilities. In asking for money as well as the adoption you are adding insult to injury. Isn't it enough that you get sole rights to the child without wanting money as well? |
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sharonsmineonly
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personally i wouldnt ask for anything but his signature on a paper saying he gives up all parental rights to the baby. get it over with and no ties. unless hes filthy rich then well...nah just kidding just get the signature. |
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Wayne S
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By terminating his parental rights you also terminate his requirement to pay child support. I don't think a judge would award you anything in that area. It would your husband's responsibility once he has adopted the child. |
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Schweetie
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My husband wants to adopt my 6 year old son but cant. My ex husband has not seen my son in over 2 years and has not been paying child support for about 6 months, even though it is court ordered. Aside from not getting payments at all for 6 months, it has been over 1 year since he has paid the actual court ordered amount. The reason my husband cant adopt him is because my sons bio father will not agree to sign his parental rights over....even though he has not called, seen or even sent a card or anything to my son in years. I can file for child abandonment, but not until my ex has had absolutely no contact with my son for 2 years or more...child support counts as "contact" even though its not physical contact.
IF your daughters father agrees to sign his rights over he would not be abligated to pay you anything anymore. Not even the back child support and certainly not a sum of what he would have paid if he didnt sign his rights over. If your husband wants to adopt her, it is then HIS responsibility to pay for schooling and start a trust fund, not anyone elses.
I would first talk to your daughters biological father and ask if he will agree to sign his rights over. But talk to a lawyer FOR SURE.
Good luck! |
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SaRaH
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I wouldnt push it. What if the real fahter says no becuz of that. I want to do the same thing..But I dont know where the father is and cant find him. If you can give more information about this to me I would glad appericate it! |
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bic
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That is a tough one. First of all, I am assuming the biological father knows that she does exist? If not, I don't recommend that you ask for anything, because he may decide he wants to have contact with her. Secondly, you need to carefully consider what type of person is he, because he may not want to give up his parental rights just because you are pushing to get money out of him. So take that into consideration.
Now, with all that said, yes he should pay for back child support no matter what...he fathered this child and needs to be responsible for her first three years. Just remember that he will also get an attorney and will probably require a paternity test. I don't think he should pay for the adoption attorney fees, that is your husbands choice to adopt her and not his, and I think you will be doing good to get the back child support, so don't push your luck. |
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shawnteel
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I would not ask him to pay a lump sum thats kinda selfish in a way. If your husband wants to adopt your child do it for the right reasons money should not have anything to do with it. If your child father owes and child support arrears then he will still have to pay but will not be responsible for any current support once the add option is final. You and your husband have to be married for a year before you can ask the father to sign off his parental rights and petition for step parent adoption. Good luck! If the father doesn't want anything to do with the child I wouldn't see him giving you a problem. If he does try to fight it for what ever reason and he does not see the child you should be able to file for abandonment. |
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KayBAy!
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yeah. its totally legal and right.
im 15 and it was the same way with my "dad"
you should do it.
it changed my life for the better.
and my moms. |
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