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My husband and I have been married since December of 2009. I have a son from a previous relationship that will be 2 this month. His bio father has not seen him since October of 2009. He has not tried to contact, get visitation, or even call to offer anything or to see how he is doing. My husband does everything for him and my son even calls him Daddy beacuse my husband wants to adopt him. We want to get my ex's parental rights terminated because he is no use to my son. My son has a father and that is my husband. the bio dad does pay child support but it does not support my son enough. I get $60 a month and that is all. My husband supports him the rest of the way as do i. He is also on my husbands insurance. How would we go about getting his rights terminated? He will not give them up on his own. How hard is this to accomplish? What all do I need to prove in order for the courts to take away his rights and let my husband adopt my son?
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I'm not a lawyer and our stepparent adoption was completed in CA, but from what I can tell, according to Michigan law, two standards have to be met to terminate parental rights for a stepparent adoption.
1) lack of financial support for two years
AND
2) lack of contact for two years
You're not quite at two years of no contact, but as long as he is paying support then he is not considered to have abandoned his child by Michigan standards.
You could always consult with a lawyer to be sure. And if you're not satisfied with the amount of support and believe he can afford more, you can always petition to reconsider his child support payments.
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