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Hi, i just picked up the papers from the court house today. My wife and i have been married since October. We have been together for 3 years now. She has a son with here ex husband, who is serving a life sentence in California with no chance of parole. He son was born in Jacksonville Fl and the divorce went through Jacksonville as well. We live in Ocala, fl. We close on our home purchase in less than 48 hours so now that that hurdle is coming to a close it is time to tackle this hurdle.
I have a 4 year old daughter with my ex girlfriend. My wife and i have a daughter together. Both of my girls carry my last name as so does my wife now. Our son does not and he is now starting to say he wants my name too. He is now 6.
The Bio father has never met our son and i doubt he ever will. Our son does not know about him yet but probably will when he is older.
I went to the court house and go the package of papers to file for the adoption on our own. I kind of think that we should not NEED an attorney for this process. I am hoping to find others that may be knowledgeable in cases similar to mine that can give me any input or things to look for.
Thank you for your time.
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In order to adopt you must have the rights of the birth parent terminated. There are one of two ways to go about doing that. You can either have the birth parent sign a waiver of interest or affidavit to relinquish parental rights or you can have their rights taken away involuntarily by the court if they are not cooperative and you can show very good cause. Obviously it sounds like that wouldn't be a problem. In fact, considering the BF's situation he would more than likely be willing to just sign the affidavit. In any case you should contact the BF and see if he would be willing to sign an affidavit to relinquish his rights. That will greatly simplify the whole thing. If he is willing to do that then contact a lawyer to get you that paperwork drawn up or buy it online and prepare it yourself.
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If the father is willing to sign, then you will have an easy time. It is simply a matter of him filling out some paperwork, and you and your wife filling out some paperwork, and then filing them with the courts and waiting for the judge to sign them, and done. However, most states require that you must be married at least one year before a stepparent adoption can take place. If he is not willing to sign over his rights, then you will want to contact a lawyer, as you will have to fight him in court and prove him unfit in order for the adoption to go through, and it is best to have an expert do the fighting! Most lawyers give an initial free consultation. It is wise to go and speak with one, even if you do not plan on using one. They can give you advice, let you know how strong your case is, as well as local laws regarding stepparent adoption. [url=http://stepparent.adoptionblogs.com]Stepparent Adoption Blog[/url]