[nma01]

I have a 2 year old son and my husband is not his father,but his real father didn't want anything to do with him so I got sole custody of him ,but now since he didn't pay his child support the courts sent us papers saying we have to go to court for support violation!now his father is playing games to hurt me and wants some kind of custody! So now we filing papers for my husband to adopt him, would they let him?? I mean come on what court would let a father come into a child life and mess it up!

[J_9]

Your child's father would have to reliquish his parental rights first. Then your husband will be able to adopt your son.

[Fr_Chuck]

Yes the child's real bio father will have to agree to the adoption, if the real father wants visits and there is no safety reason not to allow it, he will get them.

[ScottGem]

Here's the whole deal. For your husband to adopt him, the bio father has to relinquish his rights. By adopting him your husband assumes financial responsibility as well, letting the bio father completely off the hook. So he might agree to it to get out of paying support.

I do have a question though, You said the courts sent papers about support violation. Generally, the courts won't follow up on non payment of support unless YOU initiate it. The exception would be if you were getting some level of public assistance because of the lack of support payments. If that's the case, then the back support will have to be made up.