I have a now seven year old boy. His father lives in Ohio and has been ordered to pay child support which he has done for the past three years almost consistently. He has no contact with his child and I can count on my hands the number of times he has seen him while we too lived in Ohio. He has had no contact in almost two years. I live in NY and am soon to be married with a new baby soon coming. We have discussed adopting him to make my husband his legal father, what choices do I have if his biological father objects to this? My son does not know him and has never known him as or called him daddy! Just wondering if it is possible without my sons biological fathers consent

You cannot do that without his consent. Child support and visitation are two totally different animals. As long as he is paying his support there is nothing you can do.

However, you might gain his consent if he knows that his child support will end once the child is adopted by your husband.

Generally an absentee father will jump at the chance to have a step father adopt since that will end his support obligation. So I wouldn't be too worried about his blocking it.

But if he does, there will be little you can do about it.

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Originally Posted by sadieg

I ... am soon to be married with a new baby soon coming. We have discussed adopting him ...

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You do understand that your fiancé cannot petition for adoption unitl after you are married, right?

If the biological father does object, there are provisions for allowing a step-parent adoption anyway, in many states.

You will have to be married and married for about a year.

His payments are considered contact in most areas.

So really there is little chance of adoption unless the bio father will sign off his rights