Husband wants to adopt my son

August 28, 2005

I need help getting started. My husband wants to adopt my son. I do not know who the father is and I am the only one on the birth certificate. My son is now 7 years old and my husband is the only father he has known. My son was born in Virginia but we now live in Texas. ( Husband is in the military.) I have read somethings on this forum about abandoment. How do I go about this and is this the way to go? Do I file in Virginia or Texas? If anyone has any insight or needs more information to guide me let me know. You can also email me at jcain2@stx.rr.com.

Thanks in advance,

cain925

combsrael

August 29, 2005

It seems to me that you would have to attempt to find the biological father before you can proceed with a step parent adoption. Most courts are very sensitive to the needs of the child and prefers to attempt to maintain a biological parental relationship unless there is a serious risk to the child. If a parent has not even made an attempt to locate the biological parent prior the attempt to adopt, the court may order that you do so.

As a paralegal in the state of Ohio I can tell you that the law states that if the biological parent has had no contact with the child for a year (i.e. child support, phone calls, visitation, holiday gifts or cards) than that parent has abandoned the child and a signature on the parental consent form is not required. However, to meet service requirements, if you do not know his current whereabouts then the lawyer will post the notice in the newspaper of his last known area of residence for 6 weeks. He will then have 30 days to respond. If he fails to respond then the adoption will proceed.

I wish you luck.