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Hi,
If the father doesn't pay child support and hasen't for 9 yrs. is that the same as abandonment. He has been in and out of his life sinse he was born, and I have sole phisical and legal custody, and he has monitored visitation. Can my husband adopt my son without us having to tell the real father?
I believe that the father has to be notified for an adoption. Also most states seperate the issue of support and visitation.... Child support has federal laws now and it is contempt of court to not pay. It is a crime and he can be in some major pain if he fails to pay.....of course it is the cosotial parent who would have to work to enforce the issue.... It is not a crime to fail to see your children.
Then again, if you were to ask for an adoption for your current husband all of these issues would be very supportive to your desire...... A deadbeat parent who fails to see his children will have a harder time should you wish for the adoption. But, he will still need to be told, notified and given the chance to argue his case...if he wants to...... he might be willing to allow it if he is so disinterested and the fact he will not owe childsupport in the future could be the carrot to his decision.
If I were in your situation (talking about myself) I would initiate the child support collection process and go after him for the back money...... he could lose his drivers license, work license, have his pay and taxes garnished and may even spend time beihind some bars... This would lay ground work for you case of adoption and most of the time collecting back child support is not that costly or difficult for you....
I might also ask for a change of visitation order and say that the children harldy know him and I want only pre arranged and suppervised visits (wich I see you have supervised already) This would also give your claim for adoption more meat.
Either way notice needs to be given to him..... In some states you can get away with running a newspaper ad alerting him that he is risking the lose of his rights.... You will need a lawyer no matter what so you might try to find one who deals with family law and adoptions.
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