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    moochie716's Avatar
    moochie716 Posts: 1, Reputation: 1
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    #1

    Mar 21, 2008, 02:21 PM
    Does my ex have to be notified to take away rights
    My ex-husband hasn't seen my son in 9 years and I've only received $60 in child support and that was about 3 years ago. Do I have to involve him to take away his rights? My husband and I have been married for a short time but have been together for almost 7 years and both my son and him want to complete an adoption.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #2

    Mar 21, 2008, 02:41 PM
    Of course he will have to be involved... it's his parental rights that are at stake.

    You will have to be married a year before a court will consider an adoption, regardless of how long you have been together before then.

    The easiest way to go about it all is for your ex to willingly relinquish his rights. But if there has been NO CONTACT for a year (this time varies state to state)... that means, no visits, no phonecalls, no cards, no child support... everything... then you can have your husband petition for the adoption and ask that the child's fathers rights be terminated on the grounds of abandonment.

    But again, the father will be involved and can contest it... and if he does, he will probably retain his rights.

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