moochie716
Mar 21, 2008, 02:21 PM
My ex-husband hasn't seen my son in 9 years and I've only received $60 in child support and that was about 3 years ago. Do I have to involve him to take away his rights? My husband and I have been married for a short time but have been together for almost 7 years and both my son and him want to complete an adoption.
macksmom
Mar 21, 2008, 02:41 PM
Of course he will have to be involved... it's his parental rights that are at stake.
You will have to be married a year before a court will consider an adoption, regardless of how long you have been together before then.
The easiest way to go about it all is for your ex to willingly relinquish his rights. But if there has been NO CONTACT for a year (this time varies state to state)... that means, no visits, no phonecalls, no cards, no child support... everything... then you can have your husband petition for the adoption and ask that the child's fathers rights be terminated on the grounds of abandonment.
But again, the father will be involved and can contest it... and if he does, he will probably retain his rights.