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-   -   Signing over rights (https://www.askmehelpdesk.com/showthread.php?t=384234)

  • Aug 6, 2009, 06:48 PM
    stacieq
    Signing over rights
    My son's biological father has never met my son. And I am now married to the only man my 3 year old son knows as his dad. My ex has agreed to sign over his rights so that my husband can adopt him. The question is. How do I go about doing it in Oregon without getting a lawyer. We cannot afford a lawyer. And everyone I talked to said the only way to go about my ex signing over his rights is to get an attorney. So, do you know of any way without getting an attorney?
  • Aug 6, 2009, 08:10 PM
    ScottGem

    You need an attorney to prepare the forms properly or a judge will not grant the adoption.

    You might possibly arrange for the forms to be prepared but that you do the filing.

    Shop around and see what the costs are. Since the bio father is willing this should not be difficult or too expensive.

    The real issue won't start until the child attends school and you want him to use your husband's name. So you have time to save up.
  • Aug 6, 2009, 08:19 PM
    stacieq
    Quote:

    Originally Posted by ScottGem View Post
    You need an attorney to prepare the forms properly or a judge will not grant the adoption.

    You might possibly arrange for the forms to be prepared but that you do the filing.

    Shop around and see what the costs are. Since the bio father is willing this should not be difficult or too expensive.

    The real issue won't start until the child attends school and you want him to use your husband's name. So you have time to save up.

    Well, we are not worried about the adoption right now. Right now we are focused on just getting his rights terminated. Is that something we have to do at the same time?
  • Aug 6, 2009, 08:27 PM
    Fr_Chuck
    Yes, you can not just terminate his rights. Almost ( not always but normally) unless he will sign over his rights to allow an adoption, there is normally little other choices
  • Aug 7, 2009, 04:37 AM
    stevetcg
    Quote:

    Originally Posted by stacieq View Post
    Well, we are not worried about the adoption right now. Right now we are focused on just getting his rights terminated. Is that something we have to do at the same time?

    Yeah, it is. It is something that is handled in the same hearing. Can't have one without the other, actually.
  • Aug 7, 2009, 07:36 AM
    ScottGem
    Quote:

    Originally Posted by stacieq View Post
    Well, we are not worried about the adoption right now. Right now we are focused on just getting his rights terminated. Is that something we have to do at the same time?

    Yes, as has been noted courts are VERY reluctant to issue a TPR. Generally they will only do so to clear the way for an adoption. So the adoption should be your primary concern.

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