Step parent adoption, attorney fees?

[clshannon478]

Would it be possible to represent ourselves during the adoption process? We live in a very rural area of Indiana with limited options for legal assistance. We contacted two lawyers with questions about my husband adopting my son and were quoted two very different prices for services. There is a difference of almost 500 dollars between the two. One is wanting to charge us an extra 200 for having to travel to a different county and the other said he would draw up the papers for us to file but we would be representing ourselves during the process. Is that even possible? Also, could someone tell me what are the usual attorney fees associated with step parent adoption in Indiana?
Neither lawyer is including the background check or filing fee in their costs.

A little background:

My husband and I have been married for over a year and he has supported my son since he before he was a year old (He's almost four now). His biological father has not seen him in two years and does not pay support even with the court order. He recently contacted us to tell us he would be willing to relinquish his parental rights for the adoption. We just need to find the right attorney.

Thank you!

 

[mistoffolees]

Adoption is not a DIY project - you really need legal representation.

If $500 is the difference between being able to afford a child and not afford one, then you really shouldn't be considering adoption. You need the child support from NCP.

 

[clshannon478]

We have the funds, it just seemed a little off that she started to tack on a lot of extras once she found out that we lived 45 minutes away. It went from being 750 to over 1000 dollars (The extra 200 dollars traveling costs, plus she is saying that even if the he signs over his parental rights we still need to run an ad in our local paper and wants to charge for doing this for us).

The other attorney just seemed very indifferent and on the opposite side of the spectrum. He was basically saying he would draw up the papers, give them to us to be signed and notarized and send us to the courthouse on our own. This isn't at all what we were hoping for since neither of us have a clue on how to proceed after that. When we asked if he would be available to help us and answer any questions after that his answer was, "If it's really necessary". I pretty much gave up on him after that.

I guess what I'm saying is that Lawyer A is just wanting to do the paperwork and that's it for super cheap and Lawyer B seems to be taking advantage of the fact that we don't know what all needs to be done (at least that's the impression I'm getting from her) and is overcharging us. I'm still searching for the right attorney, I'm just trying to get a better idea on what the costs usually are. We have worked for the past three years to save up enough to do this and I really don't want to be taken advantage of.

 

[stealth2]

It seems that the difference is you eather go the cheap route and do it yourself, or pay a professional for their time/trouble. Given the price of gas alone, I'm not at all surprised that you'd be charged for the travel. The time she's traveling for your case - you should pay for. If you don't want to do that, then you need to figure out how to proceed alone.

 

[haiku]

I have never not had a lawyer who didn't charge for thier travel time, that is an expected cost of doing business.

 

[clshannon478]

I should have clarified earlier..we live 45 minutes away but we were told we could file the adoption in the same town that she works in (He office is just a couple blocks from the courthouse). It's the same town my husband works in so it is much more convenient for when he needs to take the time off for this.

It wasn't until after we had received the initial quote that her assistant called us back. She said that they noticed we resided in a separate county and that it would be 200 dollars for traveling costs. When I said that we would be filing in Delaware County she said, "It doesn't matter. We have to charge the extra since you live out of county."
I don't mind paying the extra for travel costs but it there a reason she would be traveling here if the adoption is to be filed there?
Also, if his biological father is willing to sign over his rights do we need to run an ad in the local paper?

 

[haiku]

As far as publishing the intent to adopt, that is standard practice even in uncontested adoptions, as far as I know.

 

[mistoffolees]

I should have clarified earlier..we live 45 minutes away but we were told we could file the adoption in the same town that she works in (He office is just a couple blocks from the courthouse). It's the same town my husband works in so it is much more convenient for when he needs to take the time off for this.

It wasn't until after we had received the initial quote that her assistant called us back. She said that they noticed we resided in a separate county and that it would be 200 dollars for traveling costs. When I said that we would be filing in Delaware County she said, "It doesn't matter. We have to charge the extra since you live out of county."
I don't mind paying the extra for travel costs but it there a reason she would be traveling here if the adoption is to be filed there?
Also, if his biological father is willing to sign over his rights do we need to run an ad in the local paper?

Look, you pick the attorney you're most comfortable with and then pay the agreed-upon fees. If you don't like the travel costs, hire a different attorney.

 

[Seanscott]

Our stepparent adoption case in Indiana totaled about $1,500. Biodad started to fight the adoption and then just quit showing up to the court proceedings.

 

[LdiJ]

I should have clarified earlier..we live 45 minutes away but we were told we could file the adoption in the same town that she works in (He office is just a couple blocks from the courthouse). It's the same town my husband works in so it is much more convenient for when he needs to take the time off for this.

It wasn't until after we had received the initial quote that her assistant called us back. She said that they noticed we resided in a separate county and that it would be 200 dollars for traveling costs. When I said that we would be filing in Delaware County she said, "It doesn't matter. We have to charge the extra since you live out of county."
I don't mind paying the extra for travel costs but it there a reason she would be traveling here if the adoption is to be filed there?
Also, if his biological father is willing to sign over his rights do we need to run an ad in the local paper?

I don't believe that you can file in Delaware County if you do not reside in Delaware County. I believe that you have to file in the county where you reside.

Look for an attorney who specializes in adoptions in your county.

 

[mistoffolees]

Our stepparent adoption case in Indiana totaled about $1,500. Biodad started to fight the adoption and then just quit showing up to the court proceedings.

What's your point and why is that relevant to OP's question?

Adoptions can be very inexpensive or very expensive. The amount that YOU paid has absolutely no bearing on how much OP would pay.

 

[ap4l]

Dont let people scare you!!!!! Your situation is ideal for Pro Se representation. If the bio-dad is willing to relinquish his rights, your case just became a piece of cake pretty much. Dont get suckered into paying thousands of dollars just to have someone type of some paperwork for you. I am at the very end stages of my husbands stepparent adoption and I did it all myself. It'll seem overwhelming and scary but trust me... its not that bad.

First, google your states Adoption Statues. (you should read them for yourself even if you get a lawyer to represent you)

Second, go to your county Clerk of The Court or google and download your states stepparent adoption form packet. Your best bet is to go to the Clerk of the Court that way you can be sure to get all the forms needed. Read them throughly as many times as you need!!

Third, Fill it out to your specifications. Here's the scary part... you need to type up your own Petition for Stepparent Adoption... but your already supplied with the formating for it from your state forms, you can google drawing up petitions (it's really not as hard as you think, your just putting in all the info that a judge needs) But if your not comfortable with that you can have a paralegal draw it up for you for only a few hundred dollars.

Third, make sure you get the bio-dad to sign the consent forms with a notary.

Fourth, go to the Clerk of the court and file. You can ask the clerk for who you need to contact after this step. (In Florida you would contact the Case Manager to see if they needed any more forms from you. ) You fill out the documents they may need or you might be done at that point if you have al your papers in order and just wait for the hearing to be set....

I'd say do it without a lawyer but if the bio-dad changes his mind... lawyer up!

 

[mistoffolees]

Dont let people scare you!!!!! Your situation is ideal for Pro Se representation. If the bio-dad is willing to relinquish his rights, your case just became a piece of cake pretty much. Dont get suckered into paying thousands of dollars just to have someone type of some paperwork for you. I am at the very end stages of my husbands stepparent adoption and I did it all myself. It'll seem overwhelming and scary but trust me... its not that bad.

First, google your states Adoption Statues. (you should read them for yourself even if you get a lawyer to represent you)

Second, go to your county Clerk of The Court or google and download your states stepparent adoption form packet. Your best bet is to go to the Clerk of the Court that way you can be sure to get all the forms needed. Read them throughly as many times as you need!!

Third, Fill it out to your specifications. Here's the scary part... you need to type up your own Petition for Stepparent Adoption... but your already supplied with the formating for it from your state forms, you can google drawing up petitions (it's really not as hard as you think, your just putting in all the info that a judge needs) But if your not comfortable with that you can have a paralegal draw it up for you for only a few hundred dollars.

Third, make sure you get the bio-dad to sign the consent forms with a notary.

Fourth, go to the Clerk of the court and file. You can ask the clerk for who you need to contact after this step. (In Florida you would contact the Case Manager to see if they needed any more forms from you. ) You fill out the documents they may need or you might be done at that point if you have al your papers in order and just wait for the hearing to be set....

Fifth, spend the next 10 years (and 20 times as much money as a proper adoption would have cost with a lawyer) sorting out the mess you've made.

Adoptions can be a mess. Even uncontested adoptions can be a mess. Not always, but enough that it's very irresponsible to suggest it to someone with no legal experience.

 

[haiku]

Even in states where step parental adoption is not as complicated, its still in your BEST interest to see a lawyer FIRST.

Let the lawyer in your state, explain to you whether or not you CAN navigate family court alone or not.

 

[ecmst12]

It's not only that it's complicated to do. It's that if you do it wrong, you have screwed things up for your child possibly forever, and avoiding that is the best reason I could ever think of to hire a pro.