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Here is the quick story. If you want more details I will be happy to provide them, but wanted to make this post short to keep people reading....
I have been married for 6 years and we have two children together. My wife has a son that is 10 that I would like to adopt and have him take my last name.
The Biological father has not been around since my son was 1 y/o. I came into the picture when we was 2 y/o. He knows he has a bio-father out there, but knows me as Dad. He goes by my last name at school and sports, but it has been getting harder to keep it that way.
We began the adoption process about 3 years ago. We wanted to do it ourselves since we did not have much money for legal assistance. Well, we should have saved up for it. Doing it ourselves has been a horrible experience!
Three years ago we filed the paper work the court told us to file. We were later told it was wrong and that we needed new paper work. We filed that and was told it was wrong by a different department. We then filed more paperwork and was told it was correct and would get the process going. We were to have a hearing date and talk with a judge and have an interview and all that. But then later find out that we needed more paper work. We filed that. Then were told we needed the father's consent, even though he has not been seen from or heard from in 8+ years.
After months of searching, we found him and he agreed to sign over rights. We were told he just needed to sign the consent form with a notary as a witness. We took care of all of this and it was done.
More months go by and we're told the signature won't work since the father is outside of our county. He has to physically come into the court and sign the papers. I don't know if he will agree to this.
At this point, we are trying to figure out how we can get the bio-father to come down to the court and sign the papers or if maybe we just need to hire an attorney.
The court system here is just totally screwy and have given us the run around so many times our heads are spinning.
So my question is - should we just go through a lawyer or legal assistance and get this over with? Will they be able to take care of this quickly? What can they do that we as parents can't? What is average fees for this? What do I look for in an attorney?
By the way - we are in Stanislaus County, California.
Any help is much appreciated!
Hi there,
It sounds like you guys are getting the run around. My husband and I are in the middle of our adoption process and we've used the NOLO How To Adopt Your Step-child in California and it has been a tremendous help, let alone a financial savior!!
If you have a biological father who consents to the order, regardless of his whereabouts, all you need is for him to sign the consent forms that the County Adoption Agency in your area will give to you.
Just to give you a history of what we've done,
-Filed Adoption request and we got a case number
-Met with a county social worker from the adoption agency who did a background check on my husband and who also wrote the recommendation that is given to the judge.
The social worker was the one who got my signature for consent and also gave us the paperwork to send to bio dad for consent(he is out of state).
If your bio dad is consenting to the adoption, then you it should be really easy for you.
-Social worker will then file the report with the court and then you can get a court date for the adoption.
We have a little bit of work to do because we do not have the consent of our bio dad. We had to pay the county adoption agency $700 to do the background check, home visit, write the report and try and get consent. This was definately a lot cheaper than the thousands that could be spent for a lawyer.
I hope this helps out. If you have any other questions, I would be more than happy to give our recommendations.
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mom4tm
Hi there,
It sounds like you guys are getting the run around. My husband and I are in the middle of our adoption process and we've used the NOLO How To Adopt Your Step-child in California and it has been a tremendous help, let alone a financial savior!!
Thank you I will take a look at this!!!!
mom4tm
If you have a biological father who consents to the order, regardless of his whereabouts, all you need is for him to sign the consent forms that the County Adoption Agency in your area will give to you.
We were given the papers to sign and we had him sign them back in December. The court came back and said that they did not think it was sufficient since he lived out of the county. It took them 7 months to get back to us (we called them every few weeks on the progress) only to tell us that it was no good and he had to come to the court in person.
mom4tm
Just to give you a history of what we've done,
-Filed Adoption request and we got a case number
-Met with a county social worker from the adoption agency who did a background check on my husband and who also wrote the recommendation that is given to the judge.
The social worker was the one who got my signature for consent and also gave us the paperwork to send to bio dad for consent(he is out of state).
If your bio dad is consenting to the adoption, then you it should be really easy for you.
-Social worker will then file the report with the court and then you can get a court date for the adoption.
We have a little bit of work to do because we do not have the consent of our bio dad. We had to pay the county adoption agency $700 to do the background check, home visit, write the report and try and get consent. This was definately a lot cheaper than the thousands that could be spent for a lawyer.
I hope this helps out. If you have any other questions, I would be more than happy to give our recommendations.
We filed the paper work and were given a case number as well, but they said they would not do anything else until it was determined that the bio-father gives up consent. We tried to file for abandonment, but were told that we wouldn't be able to prove abandonment, so we would be required to get his signature for release. And now we are here at this point.
I'll look at that NOLO you said. It sounds familiar. Perhaps my wife has told me about it. We are just at the point now that we want to get this done and over with even if it costs money (which we don't have :) )