Step parent adoption issue

[stealth2]

Frankly, it sounds as though Mom likes to play Musical Daddies. Poor kid(s).

 

[mistoffolees]

No, but you could remove two fathers concurrently. One after the other.

Example:

Legal dad's paternity is disestablished, and then biodad's paternity is established and then terminated. Its not simultaneous but its concurrent.

Then it wouldn't be done at the same time.

Furthermore, it wouldn't make sense. If the first male is legally the father, why would you make the second male father when you're simply planning to make the third male father? Why not simply disestablish the legal father's paternity and then adopt? There's no point in making someone else the father just so you can then make someone else the father.

 

[LdiJ]

Then it wouldn't be done at the same time.

Furthermore, it wouldn't make sense. If the first male is legally the father, why would you make the second male father when you're simply planning to make the third male father? Why not simply disestablish the legal father's paternity and then adopt? There's no point in making someone else the father just so you can then make someone else the father.

In order to avoid what OG says can happen here. OG says that the biological father can challenge paternity and the adoption if his parental rights were never established and then terminated.

 

[mistoffolees]

In order to avoid what OG says can happen here. OG says that the biological father can challenge paternity and the adoption if his parental rights were never established and then terminated.

But that's only because Mom committed fraud. If they had done things properly in the first place, it wouldn't have been needed. And it's too late to do it now.

 

[Ohiogal]

Are you sure? Because I always understood it to be a two step process. The first step is the biological or legal parent's rights being terminated, and the second step is the adoption.

That is why I asked OG. It seems to me that logically, the rights of all potential/legal parents could be terminated in the course of one adoption.

It is possible that the biological father's rights were terminated at the time of the adoption IF the court was aware that legal father was NOT biological father, and service was perfected on all possible fathers. That is why I asked the questions I asked.

 

[Ohiogal]

Then it wouldn't be done at the same time.

Furthermore, it wouldn't make sense. If the first male is legally the father, why would you make the second male father when you're simply planning to make the third male father? Why not simply disestablish the legal father's paternity and then adopt? There's no point in making someone else the father just so you can then make someone else the father.

Because it is NOT that simple. It may not make sense but I have seen it happen. I represent putative dad in a case currently where there is already a legal father. Putative dad has standing due to being the possible biological father. ALL fathers (both legal and biological) and possible fathers need to be served in order for service to be perfected. If the biological father's rights were never legally terminated then he has standing to challenge this adoption due to the fraud that wife perpetuated.

 

[Ohiogal]

But that's only because Mom committed fraud. If they had done things properly in the first place, it wouldn't have been needed. And it's too late to do it now.

Yes but if things were done properly then the biological father would have been the legal father.

 

[thefishguy]

I am a moderator on another forum, and the first thing I tell future mods is they must have thick skin and never type anything that you would not say to a persons face. This forum was set up for free advice, one would assume that people are having a rough time if they need advice on something legal. So you sit here on your computers dedicating your "valuable time" to "help" people, when all most of you have done is belittle me and call my wife names. You call me a cry baby for having a minor freak out at 1am and wanting free advice, *gasp* on a free legal advice forum...when isn't that the whole reason it is here. As humans emotions are a natural part of everyday life, so "sue" me for not being dead inside. I needed advice in the middle of the night, when I couldn't contact my lawyer, I needed reassurance from a level headed person, not being cut down and insulted. Ok, so my original question turned out to be not a simple one, but I would think as educated individuals that you could ask follow up questions without name calling and hurling insults.

Not that it's any of your business but here is the story in order.

Wife became pregnant at 18 in college.
Boyfriend drops her like a bad habbit and marries another girl who he had been cheating on her with.
Wife temporrarily quits school as she was so distraught.
New guy comes along while she is pregnant and when her low self esteem was at an all time high. Someone gave her attention where no one else would.
Her parents move out of state after she moves back home with them.
She moves in with new boyfriend who becomes legal father.
She marries him.
Has baby.
Has another baby with this guy who happens to be sleeping with her best friend while she was pregnant AND at the hospital giving birth.
She divorces him.
Four years later she meets me.
We get married.
I adopt both kids (through a step parent adoption).
We have two more kids.
Guy who was sleeping with her best friend now wants to not pay child support for the daughter he was legally and financially responsible for and only for his biological daughter. He's made payments for the last four or five months for the first time in 8 years.
Girl is now 13 and MY DAUGHTER.


End of story.

My wife was reading this thread and knew I posted this here LOOKING FOR HELP.

Thank you for making her feel like a whore.
Thanks for boosting her self esteem.
Thank you for accusing her of fraud.
Thank you for making her cry.

Frankly, it sounds as though Mom likes to play Musical Daddies. Poor kid(s).

It is because of comments like these why I refuse to post any furthur on this board or forum.

You say poor kids. I say these kids have an excellent father (and mother)who loves and takes care of them. Me. I am their father.

So screw you.

We have never lied to our kids, they know everything about their sperm donors because that's all they were. Worthless irresponsible scum.

The only thing that my wife can be accused of in her past is not being a good judge of the men she chose to be with. That is all. Aren't we all human? Everyone makes mistakes.

Now that you know the story. Good luck with your lives, continue to hid behind your keyboards and cut people down.

You will get yours some day.

No longer subscribed as I do not need this kind of help.

 

[Zigner]

Thank you
Thanks
Thank you
Thank you

You're welcome - I'm glad we were able to be of assistance.

 

[Proserpina]

I am a moderator on another forum, and the first thing I tell future mods is they must have thick skin and never type anything that you would not say to a persons face. This forum was set up for free advice, one would assume that people are having a rough time if they need advice on something legal. So you sit here on your computers dedicating your "valuable time" to "help" people, when all most of you have done is belittle me and call my wife names. You call me a cry baby for having a minor freak out at 1am and wanting free advice, *gasp* on a free legal advice forum...when isn't that the whole reason it is here. As humans emotions are a natural part of everyday life, so "sue" me for not being dead inside. I needed advice in the middle of the night, when I couldn't contact my lawyer, I needed reassurance from a level headed person, not being cut down and insulted. Ok, so my original question turned out to be not a simple one, but I would think as educated individuals that you could ask follow up questions without name calling and hurling insults.

Not that it's any of your business but here is the story in order.

Wife became pregnant at 18 in college.
Boyfriend drops her like a bad habbit and marries another girl who he had been cheating on her with.
Wife temporrarily quits school as she was so distraught.
New guy comes along while she is pregnant and when her low self esteem was at an all time high. Someone gave her attention where no one else would.
Her parents move out of state after she moves back home with them.
She moves in with new boyfriend who becomes legal father.
She marries him.
Has baby.
Has another baby with this guy who happens to be sleeping with her best friend while she was pregnant AND at the hospital giving birth.
She divorces him.
Four years later she meets me.
We get married.
I adopt both kids (through a step parent adoption).
We have two more kids.
Guy who was sleeping with her best friend now wants to not pay child support for the daughter he was legally and financially responsible for and only for his biological daughter. He's made payments for the last four or five months for the first time in 8 years.
Girl is now 13 and MY DAUGHTER.


End of story.

My wife was reading this thread and knew I posted this here LOOKING FOR HELP.

Thank you for making her feel like a whore.
Thanks for boosting her self esteem.
Thank you for accusing her of fraud.
Thank you for making her cry.



It is because of comments like these why I refuse to post any furthur on this board or forum.

You say poor kids. I say these kids have an excellent father (and mother)who loves and takes care of them. Me. I am their father.

So screw you.

We have never lied to our kids, they know everything about their sperm donors because that's all they were. Worthless irresponsible scum.

The only thing that my wife can be accused of in her past is not being a good judge of the men she chose to be with. That is all. Aren't we all human? Everyone makes mistakes.

Now that you know the story. Good luck with your lives, continue to hid behind your keyboards and cut people down.

You will get yours some day.

No longer subscribed as I do not need this kind of help.

You do need help, quite clearly.

And clearly, your wife may be guilty of committing paternity fraud.

 

[TheGeekess]

We have never lied to our kids, they know everything about their sperm donors because that's all they were. Worthless irresponsible scum.

The only thing that my wife can be accused of in her past is not being a good judge of the men she chose to be with. That is all. Aren't we all human? Everyone makes mistakes.

Way to go, 'DAD'! Now your children know that they are half-scum!

 

[ecmst12]

Mom didn't commit fraud. She was MARRIED to legal father at the time the first child was born. She was REQUIRED to list him on the BC and he was presumed to be the legal father and never disputed (legally) being the father. When the adoption went through, the proper legal father consented and everything was done legally.

IF bio dad has any standing to consent OP's adoption, it's not because mom committed fraud at any point.

 

[Ohiogal]

Mom didn't commit fraud. She was MARRIED to legal father at the time the first child was born. She was REQUIRED to list him on the BC and he was presumed to be the legal father and never disputed (legally) being the father. When the adoption went through, the proper legal father consented and everything was done legally.

IF bio dad has any standing to consent OP's adoption, it's not because mom committed fraud at any point.

Which is completely different than what was stated in prior posts. Now she was married. Hence dad would not be signing anything because as hubby he would be automatically listed. Mom does have issues however because BIOLOGICAL daddy could come back in the picture AND attempt to establish paternity as -- according to OP's time line -- his rights were NOT dealt with at any point in time. He has standing to sue for paternity/custody/visitation.