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My husband wants to adopt my three boys. I have not yet started the paperwork only because I haven't been able to find any reasonable help. We would like to do the paperwork ourselves. But would like some advice about the process. I know the basics but our situation is far to complicated to get by with that knowledge. The B F lost custody over a year ago, hasn't paid child support in 2 yrs & just recently decided to take me to court (scheduled for the 29th) requesting joint. It is a really long story. He was in jail only 2 months ago for a drug charge. He has quite a few of those. As well as domestic violence. I believe his parents are the ones pushing him to take me to court. Long story short my husband & I know that it's best that he doesn't have custody or visitation. However I know that he won't sign a consent. Are you suppost to ask him to sign or do you serve him with those papers ????? What form do I need to terminate parental rights? Please Help. I know abodonment is a big issue with the courts so the sooner I file the better.
Renee
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Nolo publishes a book on adopting your stepchild in California, forms included with the book. Go to nolo.com and look up 'How To Adopt Your Stepchild in California.' Amazon.com sells the book as well.
You with either need the birth father's consent to willingly sign over his parental rights, and allow the stepparent adoption (which is the easiest way) or you will have to prove to the courts that he is an unfit parent and have his rights terminated by the court.
It is going to be very hard to prove abandonment, if he has already filed for joint custody, he is showing the courts that he has an interest in seeing his children. Do you have a lawyer lined up for your court case?
If your situation is that complicated, I would strongly suggest getting a lawyer to help you through this process, I know that it is pricey, but a lawyer is going to know all of the ins and outs in order to get your best shot at winning in court, in both cases.
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Well I did actually buy the book. Very helpful. I have now since filed the adoption paperwork. Also a Freedom from Custody and Control petition. We just went to mediation on Thursday he still doesn't know about the adoption. I will be serving him with the Freedom from Custody paperwork next week. We are to attend a Further Hearing on 9-26. He still hasn't taken his drug test. After he lied to the mediator about a few things I gave the mediator his recent criminal record (which is 4 felony charges) he then admitted to using meth only four months ago. So he still actually has a lot of work to do before the courts will allow any visitation. The only thing my husband & I are waiting on for the investigation of the adoption to start is the BF getting served w/Freedom from custody paperwork & my husbands fingerprint report to come back. So far so good. But the Family Courts are tring to work with him only cause he is showing up to court. The mediator says he has a whole lot to prove to them before anything will happen I just hope that the investigation report will not take too long. This way the adoption could be done before he can even prove himself to Family court. One lady told me the adoption can take about 120 days. Has anyone heard of it going faster, without a concent of course? So far I have done pretty well I think without a lawyer but I have been setting aside some money just in case I may need one if I see things getting a little too tough. Anyone have advise on anything I could do at this point to help my situation?
Thanks in advance.
