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    marilyn02's Avatar
    marilyn02 Posts: 1, Reputation: 1
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    #1

    Aug 30, 2010, 01:12 PM
    Can I get my kids biological father for abandonment and how?
    Me and my ex had two boys. One is 19 months and the other is 5 months old. I am wanting to get married with my boyfriend soon and he would like to adopt my kids. The kids father has nothing to do with the kids. I have tried getting child support from him but he never showed up to get our dna results. So they can't give it to me until he shows. He has warrants out right now on him. He has said to me and messaged me on Facebook saying he does not want nothing to do with them.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Aug 30, 2010, 01:25 PM

    I've moved this from the Children forum. Please take more care in the future in choosing a forum to post in. There is a stick on the top of that forum directing questions of a legal nature here.
    One of the reasons for this is there is another sticky on the top of this forum that deals with abandonment.

    No you cannot "get" him for abandonment. If your new husband wants to adopt the kids, you will need the permission of the bio father to do so. If he keeps saying he wants nothing to do with the kids, then he should be willing to relinquish his rights as part of the adoption. Doing so may revoke the warrants against him.

    I would suggest starting now to find an attorney to prepare the adoption papers. In most areas, you will need to be married for at least a year before you can apply. But this way you can start saving up to pay the fee.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #3

    Aug 30, 2010, 01:28 PM
    Quote Originally Posted by marilyn02 View Post
    i am wanting to get married with my boyfriend soon and he would like to adopt my kids.
    In some states there is a requirement you must be married at least for one year before an adoption suit to be filed in Court.
    Quote Originally Posted by marilyn02 View Post
    the kids father has nothing to do with the kids. i have tried getting child support from him but he never showed up to get our dna results. so they can't give it to me until he shows.
    Not true... If he did not appear the court was obligated to make an order by default.
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