question on step parent adoption

[Peanuts200788]

so if i go a year w/o hearing from him then another year of being married then I can file; if i hear from him i must have him sign his rights over??

 

[Peanuts200788]

Sorry This Is So Long

i read this information and i am TOTALLY confused.

Georgia Georgia Abandonment of Spouse or Child - Attorney Trey Phillips

 

[milspecgirl]

so if i go a year w/o hearing from him then another year of being married then I can file; if i hear from him i must have him sign his rights over??

It depends on a lot of stuff-
has he legally been declared the father?
does he have a cs and/or visitation schedule thru the courts?

You cannot terminate something he doesn't have. The courts will require paternity be established and give him a chance to be a father. When he is given visitation and child support, THEN he can potentially abandon the child.

However, you will need to try to foster a relationship between them. The job of the custodial parent is to try to foster a relationship between the NCP and the child.

And any contact can count- phone call, cs pymt (even if a wage garnishment), email, text, etc. If dad does not want the child, best thing you can do is this.....

be married over a year, have dad establish paternity, and then have him sign over his rights to stepdad.

If dad will not sign over his rights, you are in for a long haul- especially depending on your judge. We went 9 years with very limited contact ( and NO contact in the last 2 years) and she was still given 4 chances by the judge until she finally gave up and signed.

 

[LdiJ]

It depends on a lot of stuff-
has he legally been declared the father?
does he have a cs and/or visitation schedule thru the courts?

You cannot terminate something he doesn't have. The courts will require paternity be established and give him a chance to be a father. When he is given visitation and child support, THEN he can potentially abandon the child.However, you will need to try to foster a relationship between them. The job of the custodial parent is to try to foster a relationship between the NCP and the child.

And any contact can count- phone call, cs pymt (even if a wage garnishment), email, text, etc. If dad does not want the child, best thing you can do is this.....

be married over a year, have dad establish paternity, and then have him sign over his rights to stepdad.

If dad will not sign over his rights, you are in for a long haul- especially depending on your judge. We went 9 years with very limited contact ( and NO contact in the last 2 years) and she was still given 4 chances by the judge until she finally gave up and signed.

The bolded portion may not be accurate. Each state is different. In an abandonment situation in many states it is NOT necessary to legally establish the paternity of the putative father and then terminate the father's parental rights.

I am familiar with many stepparent adoptions, in abandonment situations, in multiple states, where it was not necessary to establish the putative father's parental rights, and where the putative father did not have to be served.

This is why I am urging the OP to consult an adoption attorney. That is where she will get accurate answers to her questions.

 

[milspecgirl]

This is true, however does the dad even know he is a dad? There is really a state that doesn't require he be notified? I am picking up that OP wants to hopefully keep dad away for a year and then take his rights and that is not going to happen

 

[Peanuts200788]

This is true, however does the dad even know he is a dad? There is really a state that doesn't require he be notified? I am picking up that OP wants to hopefully keep dad away for a year and then take his rights and that is not going to happen

YES he know's he's a father---as i said before he disappeared when i was TWO MONTHS pregnant----

NO I don't want to keep him away---if he comes into the picture I am all for him getting to know his son....

I was just asking out of curiosity...I mean if his "father" (I put "" around father because I know he is not legally the father until he establishes paternity so you get the idea) REALLY wanted to have something to do with his son he has RIGHTS so I have NO choice BUT to "let" him see his son...correct??

As I said, strictly out of curiosity...what will be will be

 

[milspecgirl]

no-he has no rights.
If you weren't married to him and he has not been declared the father legally, he has no rights and you do not have to let him see him. That is why I say the judge will possible give him more chances unless he has court ordered rights. It could be a he said she said game.
Your honor, he hasn't come around
your honor, she refused to let me see the child.
in this case, a judge will rule on the side of caution and give dad a chance would be my guess.
this is why i say, you need to petition for paternity and cs. then, let him petition for visitation. he may or may not, but you can at least say you tried