va step parent adoption.. is there a chance??

[chickiebok]

my husband has been my son's "dad" since he was 1 1/2. his bi father has been absent for 42 months, only calling every 3 to 4 months. he has paid child support because it was a military allotment. now the bio father is out of the military and living in nc. he says he wants visitation now, but only when he wants it. he wants the child in nc after signing custody over to me. what chances do we have in doing a step parent adoption based on the fact that he failed to maintain a relationship with the child. the bio father isn't sure if and when he will pay his suuport. can the adoption happen without his consent???

 

[lawrat]

Although I am sure in the best of all worlds, this type of adoption would be easy, you have a couple of obstacles in your way at the moment.

1) you need to hire a family law attorney wise in the way of this type of desired adoption. Try your state bar or http://www.attorneypages.com

2) you ask the bio dad to give up his parental rights. If he doesn't, you petition the court to make a determination of child abandonment by dad (one piece of evidence is his lack of desire to pay, etc). IF the court decides then to terminate his rights, they can.

3) THEN you apply for step parent adoption.

Good luck to you.

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.