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My husband of 7 years, wants to adopt my 10yr old son. the bio. father says no,(this was about 4yrs. ago) I have a court order for child support, but he rarely pays, and he hasn't seen him in over 5 years. Is there any way around this? Any advice would be helpful. I have tried to contact the bio. father but I've gotten no response. Thank you in advance for your advice.
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If I were You I would look over the family codes. I know family code 7822 B states or not and in the abandonement case.You could try filing for the adoption and see the outcome. If he has not seen him for 5 years he that constitutes abandonement and if he does not pay support all the time the judge may look at it as a token effort.I would give up trying to contact bio father and let the investigator do that if she has to try to track him down. You not being able to find him may make it better for your case. All I know is you either go for it or dont.
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If you are the sole custodial parent you may also want to consider family code 8604 to terminate parental rights. I believe this code is an easier code than the 7822 if you already have sole custody.
If you cannot track down your ex you may have to do a service by publication. This is when the summons is placed in a newspaper for a period of time and if he does not respond within the alotted time then his rights will be terminated by default and the adoption can proceed.
You will want to go down to your local court that handles adoptions and request the paperwork there.
Good Luck!!