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Apr 10, 2007, 08:35 PM
| | New Member  | | Join Date: Apr 2007
Posts: 1
| | | husband wants to adopt step-son
my son is 5 years old and his biological father is in jail and has been since i was 6 months prego. my new husband came into our lives when he was 10 months old and has since been his only father. well after many years of discussing it we have decided for him to adopt him and my son legally be his. HOWEVER the boys bio father still has his rights is there anyway for me to take them away from him so that my husband can adopt him. PLEASE HELP IN ANYWAY!! thanks. ohh and we are in Mississippi i don't know how laws very from state to state.
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Answers
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Apr 10, 2007, 08:50 PM
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#2
| | Senior Member
Join Date: Feb 2007 Location: NC
Posts: 833
| Usualy there would not. But being in jail maybe. Basically a person has to be proven an unfit parent and it established that they will likely stay that way.
He may go along. the first step it to ask him, either way you will need a lawyer. so you might as well go on and shell out the 100$ for a consult. |
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Apr 11, 2007, 04:45 AM
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#3
| | Expert
Join Date: Aug 2005 Location: On the outside
Posts: 8,840
| Hello E:
I don't believe you can TAKE them away from him, but he certainly might give them up if he's asked.
If it was me, and somebody was trying to TAKE something from me, even if I didn't want it, I'd fight for it. Ain't nobody taking nothing from me!
excon | |
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Apr 11, 2007, 04:51 AM
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#4
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 24,004
Pay to call ScottGem for advice ($.75/min) | As noted its very difficult to take parental rights away. You would have to prove that the bio father repsents a danger to your son. And being in jail, alone doesn't qualify.
However, since you want to do this to have him adopted by his stepdad, you might find a sympathetic court. So either contact an attorney or petititon your local family court. They will advise how to proceed. | |
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Apr 11, 2007, 05:40 AM
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#5
| | | Christianity Expert
Join Date: Nov 2005 Location: Atlanta GA
Posts: 26,362
| Yes all you can do is try, you get an atttorney and file a motion to take away the fathers rights, It will be up to the court. I have "heard" but not first hand knowledge but some people come here and report they won, others that they lost, so I guess tit is just a maybe. | |
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Apr 11, 2007, 07:25 AM
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#6
| | Senior Member
Join Date: Feb 2007 Location: NC
Posts: 833
| Well I would like to point out that a piece of paper is not going to change the way your kid feels about his step-father. Children are smarter than we give them credit for, and they know who loves them. | |
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Apr 11, 2007, 08:21 AM
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#7
| | | Christianity Expert
Join Date: Nov 2005 Location: Atlanta GA
Posts: 26,362
| And let me add, it is great that your new husband wants to do this, It is a honor to be a father, and no matter what happens, a father is the person who cares for and raises the child, no matter the legal status of a sperm donor. Men like him need a great big thank you for taking on thie responsiblity and wanting to be there for a child. | |
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