My son's father has had no interest in his life since he was born. My son is now almost 4 years old. I'm getting married in 5 days and my fiancé wants to adopt my son. The only problem is that we need to have my son's biological father's rights taken before we can go through with an adoption, due to not knowing where his father is located. I'm having a hard time trying to find information on how to have rights taken from a biological, non-existant parent in Utah without a lawyer. We are unfortunately, unable to afford a lawyer and were told that we can do this ourselves. Any help anyone can give me will be very much appreciated.

Katie:confused:

Talk to the local family court. There are things like posting ads in local newpapers atc, that you can do. The idea is to show a good faith effort to locate him.

I would suggest start saving for an attoney or apply and see if you qualify for legal aide. This is all going to be MUCH easier, and leave less room for error, if you have an attorney.

But as Scott said, you could go to your local courthouse and see if they can point you in the right direction of steps you need to take and forms you need to file... as this all varies from state to state.

Basically you will have to list an ad in newspapers for "x" amount of time, trying to find the bio father and announcing your intent to have the child adopted. If there is no response then you would be able to go ahead with the adoption.

But again, this is all going to be MUCH easier with an attorney.

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Originally Posted by weisfamily07

We are unfortunately, unable to afford a lawyer and were told that we can do this ourselves.

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Hello family:

You CAN do this yourself, if you have a basic understanding of how the courts work. Most people don't have this understanding, and mess up their cases so bad that even lawyers have trouble straightening them out.

IF you feel proficient, go for it. But if you don't, DON'T! Because all of a sudden, waaaaay down the road, you might find that you didn't do it right, and your ex HAS rights.

This isn't that difficult a procedure, and I don't think it would cost much. Plus, I think you can find a lawyer who would be willing to accept payments.

Another thing about using a lawyer. If HE screws up, you can SUE him and get ALL your money back PLUS some more for your aggrivation.

excon

First it is very great you found someone wanting to take responsiblty and adopt. It is not easy, and there are tons of court rules and laws, and if you don't follow all of them, it slows the case that is why an attorney on an adoption is almost needed ( not legally you can do it yourself) but there are requirements, first I can't speak of your specific state but in general, they loook for a long term relationship, on a marriage at least married a year first unles you were living together before, and that can be presented in some courts, others require a longer marriage first.

There will be specific requirements for hunting for the ex, to get him to sign over his rights or be informed of the hearing on it. If he fights it, most likely it will not happen. If he can't be found, it is possible to post in specific legal sections of specific papers ( often areas of last known address and your current address) of the hearing, but again they have to be worded specificly also.

I would advice if at all possible trying to find an attorney that will work out payments, or save up for an attorney. Plus there will be search fees, news paper fees, court filing fees, and more.