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Here is my dilemma. My daughter, Isabelle, was born (out of wedlock) in Feb. 2002. Her biological father (with whom I had already split from two weeks prior to finding out I was pregnant) did not show up at the hospital to sign any of the papers. Prior to the birth, I told him that if he did not show up, I would list the father as unknownӔ on the birth certificate. He has never requested to be listed on the birth certificate or to sign a voluntary paternity acknowlegement. Since her birth in 2002, her bio father has only seen her approximately 12-15 times. These visits have ONLY been at his mother's home and he has never actually set up any of the visitations. He has never stayed for a visit more that two hours. I deal directly with his mother and father regarding their spending time with Isabelle. He has never helped out financially or any other way, for that matter. He is now married and has had two more children. Last December, at his mother's urging, he called me for the first time since my daughter was 10 days old and said that he was interested in "seeing" Isabelle. When I asked him to tell me exactly what role he wanted to play in her life, he said he wanted to "see her once in a while and maybe take her to Chuckie Cheese". That is verbatium. My gut reaction was to tell him to take a hike, but I beleived that he was all talk and no action, so what I did is sent him a contract that I had drawn up that outlined what he would be responsible for in terms of what her schedule has been and what she was accustomed to - it also included a monthly "support" amount of $100 and a visitation schedule. Within this contract, I suggested that we have it notarized. I mailed it, called to verify he had received it after not hearing from him for six weeks and have not heard from him since - it has been almost a full year. In the last year, I have gotten engaged to a wonderful man who has essentially been Isabelle's only male role-model/father figure. She (at almost five) wants him to be her daddy. We have never urged her or told her that she has to do this or call him DaddyӔ - she wanted to on her own - most likely because she sees his interaction with his daughter and wants that for herself as well and truthfully, who could blame her. My fiance has taken on the role of father and we both would very much like to have him adopt Isabelle once we are married in Nov. 2007. I have searched on the web for hours at a time and it it looks like the state of WI requires my ex's permission via Termination of Parental Rights for her to be adopted. We went to a consultation with a local lawyer who said it will cost approximately $5,500 to complete the adoption (if it is not contested) because of the home study (which sounds crazy to me, since I have always had custody of her), the guardian ad liedum (sp?), court costs and lawyer fees. Since my ex has ZERO legal rights because paternity was never established, he is not listed on her birth certificate and has never had visitation or paid child support, do I really need to spend $5,500 to prove that he has ZERO legal rights to her? Also, if he contests, our adoption could be blocked and he could file for visitation, correct? I fear this very much so much, in fact that we thought about just changing Isabelle's last name, but we need my ex's permission for that as well, plus, I want my fiance to legally be her father because I feel she deserves that, at the very least.
Any help would be greatly appreciated. Thank you.
Ok, I can offer some advice based on what we are going through.
We are filing in Milwaukee County. My daughter's bf has agreed to the adoption and is prepared to terminate his rights. However, for some reason this county is backwards...in order for him to terminate his rights, we have to have the adoption paperwork completed with a home study. The home study is not about you, per say, it is basically to see how your fiance' is with your daughter, and how they interact together. We have an amazing lawyer that has us adopting through Catholic Charities from the Archdiocese of Milwaukee. They are very reasonably priced, and the guardian ad litem fee for us was only $500. Altogether with the adoption agency's fees, the guardian ad litem, and our attorney fees, we are looking at about $2000. I would definitely recommend the Catholic Charities; we are Lutheran, and yet they were still more than happy to help us with our situation, because they want what is best for a child. Good luck with your case, and I hope that I have been of a little help to you in this.
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Sorry to be redundant, but I am still in need of help! If the birth father has never been legally established as the biological father, is it really necessary to terminate his rights? He is not on the birth certificate, we never signed a voluntary paternity acknowledgement agreement and, therefore, no custody or child support has ever been put into effect. This must be an issue for other people in my situation...in fact, what would a woman do if she did not know who the father is? (I do, mind you, but still) Please help, this is making me a nervous wreck. My poor judgment of someone nearly six years ago is still hanging over my head - I just want some peace and stability for my little girl and I firmly believe that my fiance being able to adopt her would really give her that and so much more.
You may be able to complete the adoption on your own, call your local court house and ask if you must have a lawyer to complete the adoption. If you do not know where the birth father is, then you will need to publish a public notice in the paper. The notice will run about 30 days, with an extra week or so allowance time for him to respond to the notice of intent to adopt. If he does not respond to the notice then you can proceed with the the adoption as though he consented.
Not all states require a homestudy, we were luckly enough to reside in one that does not, so I am not sure on the rules. Most states that do require a homestudy for a stepparent adoption do have a streamlined process when it comes to the homestudy.
Make sure that you call more than one attorney, some have set prices for stepparent adoptions, and others charge by the hour. Just because one sets a huge price tag does not mean that all of them do.
If you are asking if you can simply put your current husbands name on the birth certificate and pretend that he is the birth father, the answer is no. If you wish for him to adopt her, then you are going to have to go through the entire legal process. Shop around for attorneys, you may be able to find one who is willing to cut you a break on price. Some lawyers will charge less by letting you do most of the paperwork. Do not give up hope....all adoptions are nerve wrecking but worth it in the end. Worst case scenerio get a new credit card and use it for the adoption expenses and then pay it off over time.
check out the [url=http://stepparent.adoptionblogs.com]Stepparent Adoption Blog[/url] for more information on stepparent adoption.