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    thepeasfamily's Avatar
    thepeasfamily Posts: 5, Reputation: 1
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    #1

    Jan 9, 2008, 08:43 AM
    Immigrant Husband Adopting Deceased Man's Child
    My child's father died in 2006. I met a wonderful man from England. He moved to Michigan to be with us. We are now married and awaiting his adjustment of status (green card) approval.

    He wants to adopt our son. How should we proceed? Do we need to wait for his green card? Citizenship? Can we do it without having to pay a lawyer?
    BlakeCory's Avatar
    BlakeCory Posts: 236, Reputation: 21
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    #2

    Aug 27, 2008, 06:52 PM
    Did you find your answer?

    I'm sorry no one helped you here. We work hard to get every question but some slip through the cracks. I hope that if there is anything we can help you with in the future you'll come back.

    Take Care, BC
    thepeasfamily's Avatar
    thepeasfamily Posts: 5, Reputation: 1
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    #3

    Aug 28, 2008, 06:24 AM
    I'm still watching the thread and waiting...

    Thanks for the response. :)
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #4

    Aug 28, 2008, 11:42 AM
    710.24 Petition for adoption; filing; jurisdiction; verification; contents.
    Sec. 24.

    (1) If a person desires to adopt a child or an adult and to bestow upon the adoptee his or her family name, or to adopt a child or an adult without a name change, with the intent to make the adoptee his or her heir, that person, together with his wife or her husband, if married, shall file a petition with the court of the county in which the petitioner resides or where the adoptee is found or, if the petitioner and adoptee reside out of state, where the parent's parental rights were terminated or are pending termination. If both parents' parental rights were terminated at different times and in different courts, a petition filed under this section shall be filed in the court of the county where parental rights were first terminated. If there has been a temporary placement of the child, the petition for adoption shall be filed with the court that received the report described in section 23d(2) of this chapter.

    (2) In an adoption proceeding in which there is more than 1 applicant, the petition for adoption shall be filed with the court of the county where the parent's parental rights were terminated or are pending termination. If both parents' parental rights were terminated at different times and in different courts, a petition filed under this section shall be filed in the court of the county where parental rights were first terminated.

    (3) If a petition to adopt is filed in a county other than that in which the petitioner resides or the prospective adoptee is found, the chief judge of the court may, upon motion, enter an order transferring jurisdiction of the matter to the court of the county in which the petitioner resides or the prospective adoptee is found.

    (4) The petition for adoption shall be verified by each petitioner and shall contain the following information:

    (a) The name, date and place of birth, and place of residence of each petitioner, including the maiden name of the adopting mother.

    (b) Except as otherwise provided in subsection (7), the name, date and place of birth, and place of residence if known of the adoptee.

    (c) The relationship, if any, of the adoptee to the petitioner.

    (d) The full name by which the adoptee shall be known after adoption.

    (e) The full description of the property, if any, of the adoptee.

    (f) Unless the rights of the parents have been terminated by a court of competent jurisdiction or except as otherwise provided in subsection (7), the names of the parents of the adoptee and the place of residence of each living parent if known.

    (g) Except as otherwise provided in subsection (7), the name and place of residence of the guardian of the person or estate of the adoptee, if any has been appointed.

    (5) In a direct placement, the petitioner shall attach to the petition a verified statement certifying that the petitioner has been informed of the availability of counseling services and whether the petitioner has received counseling.

    (6) Except as otherwise provided in this subsection, in a direct placement, the petitioner shall attach a copy of a preplacement assessment of the petitioner completed or updated within 1 year before the petition is filed with a finding that the petitioner is suitable to be a parent of an adoptee, copies of all other preplacement assessments of the petitioner, if any others have been completed, and a verified statement stating that no preplacement assessments of the petitioner have been completed other than those attached to the petition and explaining any preplacement assessments of the petitioner that have been initiated but not completed. If the petitioner is seeking review of a preplacement assessment under section 23f(8) of this chapter, the petitioner may comply with this subsection by attaching a copy of that preplacement assessment and a copy of the application for review, together with copies of all other preplacement assessments and the verified statement required by this section.

    (7) In a direct placement in which the parties have elected not to exchange identifying information, the information required by subsection (4)(f) and (g) and the surname and place of residence of the adoptee required under subsection (4)(b) may be omitted. The attorney or child placing agency assisting in the adoption shall file a verified statement containing the omitted information.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #5

    Aug 28, 2008, 11:44 AM
    710.43
    (1) Subject to this section and sections 44 and 51 of this chapter, consent to adoption of a child shall be executed:

    (a) By each parent of a child to be adopted or the surviving parent, except under the following circumstances:

    (I) The rights of the parent have been terminated by a court of competent jurisdiction.

    (ii) The child has been released for the purpose of adoption to a child placing agency or to the department.

    (iii) A guardian of the child has been appointed.

    (iv) A guardian of a parent has been appointed.

    (v) A parent having legal custody of the child is married to the petitioner.

    (b) By the authorized representative of the department or of a child placing agency to whom the child has been permanently committed by an order of the court.

    (c) By the court or by a tribal court having permanent custody of the child.

    (d) By the authorized representative of the department or of a child placing agency to whom the child has been released.

    (e) By the guardian of the child, subject to subsection (5), if a guardian has been appointed.

    (f) By the guardian of a parent, subject to subsection (6), if a guardian has been appointed.

    (g) By the authorized representative of a court or child placing agency of another state or country that has authority to consent to adoption.

    (2) If the child to be adopted is over 14 years of age, that child's consent is necessary before the court may enter an order of adoption.

    (3) If the individual to be adopted is an adult, the individual's consent is necessary before the court may enter an order of adoption, but consent by any other individual is not required.

    (4) If the parent of the child to be adopted is an unemancipated minor, that parent's consent is not valid unless a parent, guardian, or guardian ad litem of that minor parent has also executed the consent.

    (5) The guardian of the child to be adopted shall not execute a consent to that child's adoption pursuant to subsection (1) unless the guardian has first obtained authority to execute the consent from the court that appointed the guardian.

    (6) The guardian of a parent shall not execute a consent to the adoption of the parent's child pursuant to subsection (1) unless the guardian has first obtained authority to execute the consent from the court that appointed the guardian. The consent shall have the same effect as if the consent were executed by the parent.

    (7) If the petitioner for adoption is married to the parent having legal custody of the child and that parent has joined the petitioner in filing the petition for adoption, that parent shall not execute a consent to the adoption. The consent of the parent who does not have legal custody of the child and whose parental rights have not been terminated shall be executed before the court may enter an order of adoption under section 56 of this chapter.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #6

    Aug 28, 2008, 11:47 AM
    You can find some legal forms here:
    Adoption forms
    thepeasfamily's Avatar
    thepeasfamily Posts: 5, Reputation: 1
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    #7

    Aug 28, 2008, 11:48 AM
    Thank you so much!
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #8

    Aug 28, 2008, 12:03 PM
    Other questions?
    thepeasfamily's Avatar
    thepeasfamily Posts: 5, Reputation: 1
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    #9

    Aug 28, 2008, 12:05 PM
    Nope. I think that pretty much covers it. :)
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #10

    Aug 28, 2008, 12:07 PM
    The pleasure was mine.

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