View Full Version : Adoption
jojomt69
Mar 26, 2013, 06:54 PM
OK so I had child by another man during wedlock, my husband at time signed birth cert and has raised my son, when we divorced they made me name biological father and he now has child suport order but no visitation schedule. He has not seen my son in almost 2 years and has only called twice in that time, my ex husband would like to legally adopt him, so how long before biological father rights termed and we can proceed with ex husband legally adopt him?
smoothy
Mar 26, 2013, 07:27 PM
They never end... he will have those parental rights until the day he dies.
Unless he agrees to the adoption... then they end at the moment of the adoption... along with any further financial obligations.
ScottGem
Mar 27, 2013, 03:36 AM
So, in the divorce, your husband was declared to not be the legal father and this man was named as the legal father? I'm wondering who "made" you name the bio father and why?
Your husband was the presumed father. Unless he challenged that, there should have been no change. So I'm wondering if a court will allow him to adopt since he previously denied the child.
I think he needs to consult an attorney to unravel this mess. Definitely an attorney will be necessary to properly prepare any paperwork for adoption. Does your ex realize that he will probably have to pay support if the adoption is granted?
If an adoption is approved, the termination of rights will be done as a package. The court will declare, your ex the legal father which, then ends the bio fathers rights.
joypulv
Mar 27, 2013, 03:48 AM
Unbelievable. Let's hope the boy is too young to know that he was suddenly not his father's son during the heat of divorce, and now might be again.