My 15 year old son (almost 16 years old) has had no relationship with his birth father for over a year. His birth father has married a woman 25 years younger than him, that has two children by two different men and got pregnant with his father which he now has two babies less than 1 year apart (12 months and 22 months - boy & girl). His birth father has not paid child support in over 10 years with is first set of children but seems to have endless amount of money for his new family. His birth father has never attended any events or activities while the kids have been in school. My husband of 12 years has attended every activity, event and paid for everything. My son wants my husband to adopt him. Is he at an age where he can do this without the consent of his birth father?

I believe that the birth father has to sign over his rights before another man can take his place.

A child must be 18 in order to be adopted without the consent of his birth parents--EITHER of them.

A birthfather has as many rights as a birthmother, even if he doesn't use them.

So he would still have to be persuaded to sign away his parental rights before your husband could adopt.

You need to have the bio father sign over his rights. Have you talked to him about it? You can also file for abandonment if it has been a long period since you last were in contact with him. I am not sure about the details you would need to talk to a lawyer to see if it would even apply in your case. I know that you would have to place an ad in the newspaper for so long and then if the bio father doesn't respond then you can have your husband adopt your son. That is what I am going to do when I get married. I am not exactly sure of the process though. Call around and talk to lawyers. There may be a free center where lawyers give free advice somewhere in your town. I know that there is something like that though because my ex father in law had it done to him and is going to help me do it to his son when I get married.

In West Virginia a child can decide who has guardianship at the age of 14, Reason being, is because my wife and I just went through this with our youngest daughter and to tell you the truth, it ripped my wife's heart out because my wife's oldest daughter was granted guardianship of our youngest daughter because the youngest daughter decided that she wanted her sister to be her guardian... I think its time for West Virginia to change this law and to raise the age to 18 for the child to decide who has the right to be a guardian over them.I do not agree with this law( child can decide who can have guardianship at 14 ) in West Virginia and I feel bad for all the parents who have had to deal with this situation

In West Virginia a court can grant guardianship without the fathers signature and/or bio rights

This thread is 3 years old.

In addition, a court ANYWHERE can grant guardianship to ANYONE without a signature---as long as it is in the best interest of the child.

And frankly, your 14 year old didn't CHOOSE. She stated preferences, and the COURT chose for her.

You can choose for yourself where to live, with no judge or court or parental interference, when you are 18. Prior to that, a court decides.

This thread is closed.