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briancp34 · Jul 7, 2009, 04:02 PM

My wife and I have been together for close to 9 years and our oldest son isn't actually my biological son. He was only a few months old when we got together. I'm the only father he's ever known and isn't old enough to remember anything before me. My soon to be ex-wife's boyfriend is also saying that he will adopt him if I don't. I'm afraid that I may not be able to do it though because the said mother and "father" are actually divorcing. Does anyone know if the judge will look past the fact that his parents are splitting up, and pay more attention to the simple fact that I've been his father for his entire life? :confused:

Synnen · Jul 7, 2009, 04:14 PM

There's no way to know that for sure.

Make sure your divorce lawyer is aware of the situation.

I would also contact a family law attorney. The thing is--if BOTH biological parents do not consent, you will not be able to adopt.

You really need an attorney for this.

briancp34 · Jul 10, 2009, 06:57 PM

Originally Posted by Synnen

There's no way to know that for sure.

Make sure your divorce lawyer is aware of the situation.

I would also contact a family law attorney. The thing is--if BOTH biological parents do not consent, you will not be able to adopt.

You really need an attorney for this.

Well actually, my sons mother is from Texas. This is the only state in the union that either parent can decide to sign away any and all rights to the child as long as another man steps in to serve as father. His father did this and I stepped in. We never took steps toward adoption for the mere fact that I wasn't going anywhere. She initiated the divorce and my family was always afraid that if I adopted him she would just leave me to live some other life and collect child support. I just wondered if anyone knew if I could still do an adoption within a month because she will take him away without a thought. I can't handle that.

Fr_Chuck · Jul 10, 2009, 07:30 PM

You will not get an adoption done within a month, it will take months and months you won't most likely even get the paper work back from the attorney in a month. And most certainly not have a court date. Around here a court date may take 2 or 3 months to even get before a judge.

You need to meet with a local attorney, it is worth a try, since you in all other terms are the child's father.

briancp34 · Jul 11, 2009, 12:53 PM

Thank you Fr_Chuck. I'm looking for the attorney now that can tell me that the judge won't laugh at me given my circumstances. You've and Synnen have been helpful.