Adoption

[izzy43008]

My son was told he was the father of a baby girl 2 years ago. We just did the DNA test for child support reasons. The DNA test show my son is not the father. He wants to adopt the baby. The mother has given her consent for him to do this but she wants to keep her rights too they want to do shared custody. The child has been living with us for 5 months now. Can he adopt her and if so how do we go about it. We are in the state of Ohio.

 

[dorenephilpot]

If the mother consents, then he can adopt the child, even if it's not his own.

If she does not consent, then he's going to have a very rough time winning custody of the child.

Sounds like what you're looking for is a post-adoption agreement, which details the visitation allowed by others when a child is adopted.

It creates a contract between the adopter and the other party.

Hope this information helps.

 

[LegalBeagle]

My son was told he was the father of a baby girl 2 years ago. We just did the DNA test for child support reasons. The DNA test show my son is not the father. He wants to adopt the baby. The mother has given her consent for him to do this but she wants to keep her rights too they want to do shared custody. The child has been living with us for 5 months now. Can he adopt her and if so how do we go about it. We are in the state of Ohio.

Just make sure that before proceding with any adoption, that there is no chance the real father will appear. There was a case in MI where the bio father was not aware of the child, the child was adopted and the bio father sucessfully had the adoption overturned 4 years later.

 

[izzy43008]

Thanks for the info but the mother has agreed to give consent for adoption but does not wish to give up custody of the child. Is there any way we can just make up a shared custody arrangement and file it with the court? Hope you can help me out I'm in Ohio.

 

[dorenephilpot]

You cannot consent to an adoption and then also retain custody rights.

Either you are the parent or you are not.

An adoption means that the child is no longer the child of the parent who signs the consent.

She would have no more rights to the child than I would. If there is a post-adoption agreement, she can SEE the child, but that's about it. And that relationship hinges on contract law, not a parent-child relationship.

And if there is a bio dad out there, he could contest, unless you can show he abandoned the child and hasn't registered w/your state's Putative Father Registry....

 

[LegalBeagle]

If I am reading this right... the mother is the mother.. the man in question was believed to be the father and sometime over the last x years, the child started living with the presumed fathers parents. The child has lived with them for the last 5 months.

It has now been established that this man is NOT the father. However, the man wants to adopt the child so that he becomes the legally registered father and the mother remains the mother.

Then, once the adoption is complete and this man is now the father, HE want to establish physical custody of the child with the mother having visitation rights.

Only the child will probably be living with the new fathers parents?


Or did I miss something?

 

[izzy43008]

Thats about it except my son does not want full custody they just want to do shared custody like they have been doing for the past 2 years if its possible. Basically he still just wants to be able to see the child even if only once a month. The mother would retain full custody. Yes he is living here with the child but is moving out the end of Sept. Also, the child support agency tried to track down the bio father twice w/no response. The mother has left the child here as she is not able to provide for her at the present time. Sounds like it belongs on Maury huh?