What Could I Do to Make It Possible for My Husband to Adopt My Son?

Updated on October 13, 2008
M.S. asks from Washington, WV
8 answers

i have a 9year old son with another man other than to whom i am married to.his father is not a good person in any way shape or form.he has threatened my life in many occasions.he hasnt had any contact with my son in almost 5 years when he last talked to me was over 6 months ago all he talked to me about then was how he wanted to take me to court for visitations.i dont think he deserves them because my son was 1 year old when we split up and he hasnt tried to be a part of his life or tryed to pay me anychild support he is a mean and an aggressive man at the age of 40 that goes for younger girls when i got with him i was 13 had my son at 15 my now husband want to adopt but his donar contest it what can i do?

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I.N.

answers from Raleigh on

You would need to terminate the parental rights of your child's father. You would need to contact an attorney that specializes in family matters. A lot of attorneys have a free 30-minute consultation, so you can choose one that's right for you.

Let me point out that not paying child support is not a reason to deny or otherwise not have visitation. However, if he contests the termination of parental rights and seeks visitation, he would probably get supervised visitation to begin with since he hasn't had contact with your son in a LONG time.

Good luck!

1 mom found this helpful
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S.S.

answers from Lexington on

i just did this. if your sons biological father has not had contact with your son, or paid child support, in 90 days, it is considered abandonment and his parental rights can be terminated without his permission. you will need a lawyer, mine cost 1145 for the whole thing. that included court costs, filing fees and her personal fees. you will have a social services home visit, and a court date for you and your husband to talk to the judge, but it is pretty easy. you just have to wait while the papers move through the system. message me if you need more specific advice. good luck.

1 mom found this helpful
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S.D.

answers from Nashville on

Call the Domestic Violence Program in your community and get advice from their legal advocate. They can give you the names of good attorneys.

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S.O.

answers from Knoxville on

Just wanted to point something out to this response- "If I where you I would go through the system to have your son adopted by your husband, However I would not change the name of your child"- If the child is being adopted then the las name changes. "and I say that to say this If your son have any children they need to know where he came from(history) for medical reasons" - a last name is not related to medical history. My son has not seen his biological father since 1. He has no medical history from that side of the family. If he still had the last name, he still wouldn't have the medical history. That is something that you have or you don't have. A friend of mine went through the same situation and if she had not listen to me and kept her son bilogical name he would have not had his father's social security, and his estate when he died because of the last name change it would have been difficult to claim what was due to him when the time came"- If the parents righs are terminated then they do not get social sercuity from that parent at all. The birth certificate is changed and there is no legal connection to the child at all. No matter what their name is.

Sorry to pick at your post but I just wanted to clear those up.

To the poster- my son was adopted by my husband when my son was 3. He had not seen his father since he was 1. I was getting child support at the time, but I asked him if he would sign the papers and lucky for me he said yes. According to our attorney, had he said no, then it would not be hard to fight. But you will need an attorney. Good luck.

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D.H.

answers from Memphis on

I am a little slow on reading responses however hopefully everything is going ok. I went through a very abusive relationship with my oldest sons father. I finally got the courage and got a restraining order which then he tried to cross file but I had police reports to back me. My son was only 2 weeks at the time. My son is now 9 and has not seen him since he was a few months old. He did not pay child support nor did any of his family offer any assistance. I met my husband when my son was about 6 months old and we dated for many years before we got married. The hardest part was my son is biracial and my now husband is white. He loves him like he was his own. In May of 2007 we had a child together and that began to raise questions about his last name being different so we decided to move forward with the legal system. We hired an attorney named Pam Green and we the adoption was final this year. You will have to provide address for the last known residence and then they will try to find him (by the system) He was sent letters and no response. Also they will post a classified in a newspaper called The Daily New which I could only find at the post office. Everything went great and my son changed his last named to be the same as the rest of his family and he chose to change his first name because he did not want to be named after his donor. Sorry for the long response but I wanted to share my story.

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E.M.

answers from Louisville on

well thats a tough one we are using the angle that he could get out of child support but he doesnt pay that. the courts would not grant him custody i can tell you that now. even tho child support has nothing to do with visitation it does say alot about how active he is in the childs life. i would talk to a lawyer. you also have to be married in the st of ky for your hunny to adopt your son i dont know if you are married or not. if you live in Louisville i can give you the name of a great family lawyer.

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L.M.

answers from Memphis on

Hi M. If I where you I would go through the system to have your son adopted by your husband, However I would not change the name of your child and I say that to say this If your son have any children they need to know where he came from(history) for medical reasons just leave his last name and attach your husband's last name. A friend of mine went through the same situation and if she had not listen to me and kept her son bilogical name he would have not had his father's social security, and his estate when he died because of the last name change it would have been difficult to claim what was due to him when the time came. Just something to think about for the future. I know you do not want anything to do with him but keep in mind that it is not about you and your husband it is about your son and when he is older he will know that something is different but I just beleive that what is due to him needs to be given to him and I would hold his bilogical father responsible for his son.

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T.H.

answers from Louisville on

You can talk to a lawyer. If he has had little to no signifigant contact for this long you may be able to claim abandonment. It may take a little time and some money but if the outcome is in your favor it will be worth it. I did this along with the help from a lawyer. You should definately be keeping track of any promises made by the boy's natural father that aren't kept.... Good Luck Hope this helps

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