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Hello I am just starting this whole stepparent adoption thing , well actually it is my husband. I would just like some encouragement since I feel like a wave being tossed by the sea. I was just wondering if it is better to do it alone or with a lawyer. We already put a lawyer on the case but I am scared. Are there really lawyers that may help you lose instead of win. I hope not . I look at it as a oppertunity to get one task off my list. Since now Bio dad wants to drag me back to court for visitation and all of a sudden wants to jump back into my 4 year olds life. If any of you have experienced this one let me know. I am really scared.
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My husband is in the process of adopting my daughter. First interview with social worker is approaching. Could I have my husband schedule an appointment to have his fingerprints taken before the intial interview, so that we could cut down on time? Do you know if form number DCFS 560 is used for the live scan fingerprints?
I do not know the form because the worker handled it. No matter what It still takes the worker the amount of time for prints to go through as it does for them to get paperwork together. My husband did get his prints done first but the whole process took 8 months for the filing to the adoption. Why are you in a hurry may I ask? The lack of contact and payments start from filing date.
Sorry I'm just now getting back. I wanted my husband to get his fingerprints done before the interview, so that the process wouldn't take as long. We're a little anxious, that's all. I spoke with the adoption worker, and he stated that as long as the petition had been filed, that my husband could get his fingerprints done, prior to.
We filed the petition under 8604 for lack of support and contact, and one month before we filed the petition, the child support agency began garnishing BF checks again.
Even though he is known for job hopping once the child support agency catches up with him, I heard he bought a new car, soooo, he will probably try to keep this job for awhile. He still has not contacted my daughter in over one year, I just wonder if the child support payments I am receiving will hurt our case in anyway. I have heard that child support is a form of contact in some states. I'm in california. BF in las vegas.
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The fact is that he has to do one or the other to prove abandonement. Not both. SO no contact for one year constitutes abandonement. THe child support issue, All I can do is advise you to be truthful about the payments. The agency had to literally garnish his wages to get money for support and is it current support or back child support. My BF had made a couple of 100 dollar payments during the adoption process and it did not ruin our case because it was back child support. I know you are anxious and all but dont get too far ahead of your self you may end up ruining things in my county the social worker decided on the law to petition it under. So wait for your interview.
Glad to hear it's one or the other. He is behind in child support by $16,000+, so he is definitely not current, this is back child support. He has had his drivers licesnse suspended, taxes intercepted, etc... The adoption worker is aware of the recent garnishements.
I've been blessed to have a really helpful adoption worker. She went over my case briefly over the phone, and she told me what code to file under. I also went through a paralegal to start the process, and she advised the same.
Did the judge ask BF to prove he maintained contact?
My last address for him is in Las Vegas, however he uses his mothers california address. I will have him served at the last known address in las vegas. If he did move back to california, I have no way of knowing. The child support agency doesn't give out that info, and there has been no contact, so I should be safe with sending the petition to his last known address.
ASsk the advice of the worker. she deals with that stuff all the time. Be careful with the address thing. We ended up posting it in the paper. My BF never showed up to the hearing so It all fell on me. Even if he does show up to the hearing he has the burden of proof. My BF always used his parents address but it is not a mail thing. You do not just mail the petition to him. You must serve it on him personally. If you can not locate him you must do a thourough search including calling 411 and looking in local phone books. However he has done the abandonement by no contact and the worker will file whether she thinks the adoption is in the best interest of the child. As long as that is the code that you are advised to file under you have no problem. What county are you in anyway? Believe it or not it makes a big differance. The fact also is that he is being forced to pay child support. It would be differant if he called you up and said hows susy do you need anything for her. I dont have much money but I realixe this is my child and my resposibility and I can afford to give you x amount. Child support being garnished means he does not intend to support a child he produced. He fought is. My bf said he could not afford to pay child support yet went out and bought a car. HIs payments were 300 dollars a month. Wow whats more important. When the judge asked me if he had ever paid me child support the answer was no. He paid the county child support , but never offered me anything. He felt I would spend the money on bills which he felt child support should be spent solely on the child, not to put a roof over her head. Money wise your husband supports the child now right?
My husband does support my daughter. She is now 7, and he has been in her life since she was one years old. We have been married for two years. I am in los angeles county. It's hear say that my BF also bought a new car. I also have already called the las vegas newspapers to run a publication. They said it would cost $75.00. But I can't contact the newspaper to publish until I get the petition to go to court, terminate rights, etc...
I didn't know that I could tell the judge he's never paid me child support, but had to have it garished. He also tried to lower the child support, claiming that his other child resides with him, when in fact, he does not. I wonder if I post the publication in the nevada newspaper, and not california, could he try to use that against me later, and say he was not properly served.
I also send everythinig via certified mail.
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You did say it took only eight months to finalize your adoption? Did the adoption worker ask how you knew what his last known address was? What real proof do I have to show that he hasn't seen her? Did your worker speak with your children about the BF?
First of all in the state of california in order for a stepparent adoption to go through the child has to know what is going on. NO the social worker did not speak to my daughtere about the adoption however she was only 4 at the time and we explained it to her. So the worker may talk to her about the adoption. There is a part in the report that talks about what the child thinks.My daughter is too young to fill in that part. There may be questions for your child. The worker had us fill out paperwork at our orientation on what his address his parents address his phone number all that stuff. We filled it out truthfully. THe worker wants to get his imput on it all. A lot of time they hang themselves anyway. The worker could not contact my bf his celll was turned off. Lowering child support, garnishment , etc. looks bad on his part. You do not have to prove much that you say. YOu just have to testify you are not lying. Now publishing in the newspaper is something differant. YOu have to get the ok from the judge to publish it in the newspaper and you have to prove to the judge that you completede a valid search for him. You place the ad in the last known residence for him. For example we placed the ad in san bernardino county, however that could come back on us because we should have placed it in Riverside county. That is his last known residence, then you mail a copy to his last known residence. It is complicated but it could be done.
AJB,
My daughter is seven years old and is fully aware that BF has been out of the picture for a while, however I wasn't sure if they would ask her any questions about BF.
Thanks for the info, it really helps.
Guess what happened yesterday. I get a call from BF saying that if I needed any financial help with my daughter not to hesitate to ask. THat blew my mind, and then he says he is working down the street from my house. What is that suppose to mean. I thought, he can give me the 2000 dollars in back child support he owes me. WOW and then he leaves me with give her a kiss for me. My husband is like how dare he. HE did not call him back though. IT s like a little too late.
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BF always trys to be father of the year once they know someone else is taking care of the child, or like in your case, when the adoption is finalized. Some nerve. He's the one that shouldn't hesitate to pay the back support. Did you see my earlier post? I need help AJB. The consent came back to the adoption worker as undeliverable. When I do the due diligence search, do I only search in the state of his last known address, or can I search state wide? I was told that once I show the due diligence search, I could send him a court date showing that his parental rights will be terminated.
I don't have his ssn or DL#, the newspaper staff that I'm going through told me I only needed his first and last name. I want to cover myself as much as possible that I made all attempts to locate him.
It sure is too late. He won't realize it until it's much too late. Would you ever consider changing your phone number? Or does the fact that he knows where you live defeat the purpose? The only way the BF can contact me is through my work, or through my mother.
Even then, I don't return the calls. He has no idea I'm in contact with the other mother. The more things she tells me about the way he is calling her vulgar names, and threatening to take her daughter lets me know that I am making the right decision by not calling him back. He has abandoned both children (willfully). Now that they are garnishing his check, he thinks he should get something for it. As long as they weren't taking out money we wouldn't hear from him.
His mother is probably wanting him to start his visitation up again. She's also violent and likes to keep up confusion. What he doesn't know is, I have proof he moved out of state, and I can't prove that he has moved back. Especially with him having the kidnap case against my daughter from earlier on.
I will be so happy when I can celebrate like yourself. Thanks for all your advice and support.