• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Advice Needed On How My husband Can Adopt My Child, the least expensive way!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JnT4Bama07

Junior Member
(We live in Shelby County, Alabama). My divorce from my ex husband was final in November of 2007. I married my current husband in May of 2008. I packed mine and my children's things and left my ex-husband because he had a serious drug problem (cocaine and other Prescription pain meds) and repeatedly cheated, and was dishonest. I stayed with him for 7 years in hopes that he would get the help he needed, and be a good husband and father. He refused over and over to get help, and I wanted a much better life for my children, so I packed up and left. When I did, he moved back to Florida (where is from). He saw our daughter only 3 times in the year 2007, November 2007 being the last time. He was originally going to be ordered to pay $894 per month for child support. He said that was too much, and he could not afford it. I respected that, and tried to work with him, asking what he thought was fair, as I only wanted and expected him to do his part. He stated that $625 is what he could afford, so I agreed...again, only wanting him to do his part. He LIED in court about his place of employment, and was NEVER employed with the company he stated that he was...so that he couldn't be forced to pay child support. He then got in a lot of trouble, and spent a year in prison. He got out of prison in February and was put in a COURT ORDERED rehab facility (supposedly for 18 months)..Even in the time that he was out of prison or between prison and rehab, we did not hear from him except for TWICE when his, then, girlfriend made sure that he called. He still has not sent letters, called to see how our almost 6 year old daughter is or anything. I TRIED going through DHR to get child support from him since he was supposed to start paying in October of 2007, and has NEVER Paid a dime, but my case worker stated that the state of FLORIDA refused any help because he WAS in prison and is now in a COURT ORDERED rehab facility. She also stated that she didn't think he would be forced to pay back child support for the time he was in prison or rehab. I think that is CRAP because he did that to himself. Regardless of where he is or what he is doing, I am still taking care of and supporting our beautiful & smart, 5 year old daughter! And I feel that it is unfair that he can just skate right on by with out any consequences what so ever for being a dead beat father!
My current husband has been the BEST thing to walk into mine or my children's lives..having never been married or had children of his own, he accepts my children as his own! We have talked a lot about the idea of him adopting my children, and he wants to, BUT, money is currently an issue. What are the steps we should take so that he can adopt my daughter? Who do we talk to? What do we do? Where do we begin? Then, my ex husband can continue his life in Florida, and I won't be forced to let my daughter have visitation with a man I do not trust, if he chooses to come back around at some point! Thank you for any and all help!!What is the name of your state (only U.S. law)?
 


Gracie3787

Senior Member
(We live in Shelby County, Alabama). My divorce from my ex husband was final in November of 2007. I married my current husband in May of 2008. I packed mine and my children's things and left my ex-husband because he had a serious drug problem (cocaine and other Prescription pain meds) and repeatedly cheated, and was dishonest. I stayed with him for 7 years in hopes that he would get the help he needed, and be a good husband and father. He refused over and over to get help, and I wanted a much better life for my children, so I packed up and left. When I did, he moved back to Florida (where is from). He saw our daughter only 3 times in the year 2007, November 2007 being the last time. He was originally going to be ordered to pay $894 per month for child support. He said that was too much, and he could not afford it. I respected that, and tried to work with him, asking what he thought was fair, as I only wanted and expected him to do his part. He stated that $625 is what he could afford, so I agreed...again, only wanting him to do his part. He LIED in court about his place of employment, and was NEVER employed with the company he stated that he was...so that he couldn't be forced to pay child support. He then got in a lot of trouble, and spent a year in prison. He got out of prison in February and was put in a COURT ORDERED rehab facility (supposedly for 18 months)..Even in the time that he was out of prison or between prison and rehab, we did not hear from him except for TWICE when his, then, girlfriend made sure that he called. He still has not sent letters, called to see how our almost 6 year old daughter is or anything. I TRIED going through DHR to get child support from him since he was supposed to start paying in October of 2007, and has NEVER Paid a dime, but my case worker stated that the state of FLORIDA refused any help because he WAS in prison and is now in a COURT ORDERED rehab facility. She also stated that she didn't think he would be forced to pay back child support for the time he was in prison or rehab. I think that is CRAP because he did that to himself. Regardless of where he is or what he is doing, I am still taking care of and supporting our beautiful & smart, 5 year old daughter! And I feel that it is unfair that he can just skate right on by with out any consequences what so ever for being a dead beat father!
My current husband has been the BEST thing to walk into mine or my children's lives..having never been married or had children of his own, he accepts my children as his own! We have talked a lot about the idea of him adopting my children, and he wants to, BUT, money is currently an issue. What are the steps we should take so that he can adopt my daughter? Who do we talk to? What do we do? Where do we begin? Then, my ex husband can continue his life in Florida, and I won't be forced to let my daughter have visitation with a man I do not trust, if he chooses to come back around at some point! Thank you for any and all help!!What is the name of your state (only U.S. law)?

The least expensive way will be for you to talk to your ex to see if he's willing to voluntarily relinquish his rights and agree to the adoption.
Quite often, offering to forgive the CS arrears can be a great motivator for a NCP to agree to a TPR/adoption.

If ex does agree, you can file pro-se, but you'd need to get a consult with an attorney to make sure that you are filling the papers out correctly.

If ex does not agree, you'll really need to hire an attorney.
 

TheGeekess

Keeper of the Kraken
The least expensive way will be for you to talk to your ex to see if he's willing to voluntarily relinquish his rights and agree to the adoption.
Quite often, offering to forgive the CS arrears can be a great motivator for a NCP to agree to a TPR/adoption.

If ex does agree, you can file pro-se, but you'd need to get a consult with an attorney to make sure that you are filling the papers out correctly.

If ex does not agree, you'll really need to hire an attorney.

Section 26-10A-34
Payments to parent for placing minor for adoption; maternity expenses; receipt of financial benefits by father.

(a) It shall be a Class A misdemeanor for any person or agency to offer to pay money or anything of value to a parent for the placement for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor. It shall be a Class C felony for any person or agency to pay money or anything of value to a parent for the placement of a child for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor. This section does not make it unlawful to pay the maternity-connected medical or hospital and necessary living expenses of the mother preceding and during pregnancy-related incapacity as an act of charity, as long as the payment is not contingent upon placement of the minor for adoption, consent to the adoption, or cooperation in the completion of the adoption.

(b) It shall be a Class C felony for any person or agency to receive any money or other thing of value for placing, assisting or arranging a minor placement. This section is not intended to prohibit legitimate charges for medical, legal, prenatal or other professional services.

(c) Surrogate motherhood is not intended to be covered by this section.
(Acts 1990, No. 90-554, p. 912, §33.)
Section 26-10A-34

Also see:
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/127565.htm
Section 26-10A-24
 

Gracie3787

Senior Member
Section 26-10A-34
Payments to parent for placing minor for adoption; maternity expenses; receipt of financial benefits by father.

(a) It shall be a Class A misdemeanor for any person or agency to offer to pay money or anything of value to a parent for the placement for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor. It shall be a Class C felony for any person or agency to pay money or anything of value to a parent for the placement of a child for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor. This section does not make it unlawful to pay the maternity-connected medical or hospital and necessary living expenses of the mother preceding and during pregnancy-related incapacity as an act of charity, as long as the payment is not contingent upon placement of the minor for adoption, consent to the adoption, or cooperation in the completion of the adoption.

(b) It shall be a Class C felony for any person or agency to receive any money or other thing of value for placing, assisting or arranging a minor placement. This section is not intended to prohibit legitimate charges for medical, legal, prenatal or other professional services.

(c) Surrogate motherhood is not intended to be covered by this section.
(Acts 1990, No. 90-554, p. 912, §33.)
Section 26-10A-34

Also see:
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/127565.htm
Section 26-10A-24

So, in AL it is illegal for a custodial parent to forgive CS arrearages whenever there is an adoption?
Well, I learn something new everyday.
 

JnT4Bama07

Junior Member
I'm so confused!

Can someone please put this in laymen's (sp?) terms for me. Why is it illegal to forgive CS arrears? I mean, I went through DHR for an entire YEAR trying to get child support, BUT, because he (my daughter's father) is in FLORIDA, I was told that because he was incarserated (sp?) (he was in prison), and is now in a court ordered rehab facility, that they (THE STATE OF FLORIDA) will do NOTHING to enforce CS payments or punish him for NOT paying...which probably means they will ALSO not make him pay arrears for the time in which he was incarserated.....Alabama would have gone to get him no matter where he was (so they say)...so I'm just a little confused. Also...I don't understand..if she's adopted by my husband, I wouldn't want him to pay anything...not even what he owed before, I just never want to have to think about him again! Ya know!?! Thanks for the help!
 

Zigner

Senior Member, Non-Attorney
Can someone please put this in laymen's (sp?) terms for me. Why is it illegal to forgive CS arrears? I mean, I went through DHR for an entire YEAR trying to get child support, BUT, because he (my daughter's father) is in FLORIDA, I was told that because he was incarserated (sp?) (he was in prison), and is now in a court ordered rehab facility, that they (THE STATE OF FLORIDA) will do NOTHING to enforce CS payments or punish him for NOT paying...which probably means they will ALSO not make him pay arrears for the time in which he was incarserated.....Alabama would have gone to get him no matter where he was (so they say)...so I'm just a little confused. Also...I don't understand..if she's adopted by my husband, I wouldn't want him to pay anything...not even what he owed before, I just never want to have to think about him again! Ya know!?! Thanks for the help!

THAT is incorrect. The money still accumulates, they just put off collecting it.
 

Isis1

Senior Member
Can someone please put this in laymen's (sp?) terms for me. Why is it illegal to forgive CS arrears? I mean, I went through DHR for an entire YEAR trying to get child support, BUT, because he (my daughter's father) is in FLORIDA, I was told that because he was incarserated (sp?) (he was in prison), and is now in a court ordered rehab facility, that they (THE STATE OF FLORIDA) will do NOTHING to enforce CS payments or punish him for NOT paying...which probably means they will ALSO not make him pay arrears for the time in which he was incarserated.....Alabama would have gone to get him no matter where he was (so they say)...so I'm just a little confused. Also...I don't understand..if she's adopted by my husband, I wouldn't want him to pay anything...not even what he owed before, I just never want to have to think about him again! Ya know!?! Thanks for the help!

basically, move for the stepparent adoption. do not mention the arrears. dad signs the adoption papers, step dad is a new dad, current child support is stopped. orders are done, all is final. no mention of arrears.

then, because you are so gracious, you will release dad of all the child support arrears on a separate action.

or you can forgive the arrears now. before the adoption papers are even drawn up.
 

TheGeekess

Keeper of the Kraken
Section 26-10A-34
Payments to parent for placing minor for adoption; maternity expenses; receipt of financial benefits by father.

(a) It shall be a Class A misdemeanor for any person or agency to offer to pay money or anything of value to a parent for the placement for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor. It shall be a Class C felony for any person or agency to pay money or anything of value to a parent for the placement of a child for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor. This section does not make it unlawful to pay the maternity-connected medical or hospital and necessary living expenses of the mother preceding and during pregnancy-related incapacity as an act of charity, as long as the payment is not contingent upon placement of the minor for adoption, consent to the adoption, or cooperation in the completion of the adoption.

(b) It shall be a Class C felony for any person or agency to receive any money or other thing of value for placing, assisting or arranging a minor placement. This section is not intended to prohibit legitimate charges for medical, legal, prenatal or other professional services.

(c) Surrogate motherhood is not intended to be covered by this section.
(Acts 1990, No. 90-554, p. 912, §33.)
Section 26-10A-34
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top