My husband and I are looking for information on how I can adopt his son. Currently, my husband has joint legal custody, however this will hopefully change to sole custody after our court date at the end of the month. Does the biological mother have to sign off on it? Does she have to stop paying child support?

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Originally Posted by Karri

My husband and I are looking for information on how I can adopt his son. Currently, my husband has joint legal custody, however this will hopefully change to sole custody after our court date at the end of the month. Does the biological mother have to sign off on it? Does she have to stop paying child support?

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Yes, the biological mother must sign approving the adoption giving up all her natural rights as the mother. I don't think there is any law that says "she has to stop paying child support" but wouldn't a mother who is giving up her rights to her child, wouldn't she want to stop paying ? I guess she could keep paying, I don't think any Court would stop her. This is just my untrained opinion. On matters of legal importance like this, an attorney is your best source of advice of course.

She would have to give consent for you to adopt your husband's son. Once you do, she stops paying child support.

Yes, if you wish to adopt the child, the bio mother will have to sign over all her rights and sign to allow you to adopt the child. Once the child is adopted then she no longer has to pay child support,

does she want to give up her rights I'm in the same boat instead
my my husband wants to adopt my 2 yr old son he's been a father to him since he was 3 months old my x & I have joint legal custody too his visitation has been been suspended but I don't think he's going to give up his rights were just waiting for the right time now were working on getting my son's last name changed to my husbands last name he currently has MY madien name
GOOD LUCK!! REPORT BACK TO US WE WOULD LIKE TO KNOW HOW THINGS WORK OUT