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CALIFORNIA
I have two children, one is two (his bio father is my ex-husband) and a newborn (her father is my current husband). My current husband has raised my son most of his life and would like to adopt him. My son's bio father has no contact at all with us and hasn't since my son was 4months old, I have full custody and he was granted zero visitation, he is also now over 15k behind in child support (he has never made a payment) and does not provide the ordered health insurance for the child. My son is the only one with a different last name in the family (he has my ex husbands last name) I would like to have that changed as well so that the entire family has the same name. My husband is currently in the military so by adopting my son he will also be able to provide health insurance for him. We do not have a lot of money to hire an attorney to ask questions, so I am hoping that someone on here will be able to provide me with some information on how to get started on the process. So all that to say, WHERE DO I START?! What is the process, what rights does his biological father have at this point? Please please please help, and thank you so much for taking the time to read my question. (ANY help at all, no matter how small, would be great. I grisly have ZERO knowledge on the subject)
Thank you:)
B-E-Mommy, I dont have any specific info to relate to your problem because all states have different ways of handling the types of problems you are trying to address.
California is one of the easier states in which to handle adoption issues.
Many attorneys offer a free first consultation to see if there is enough information for a court hearing.
I would check around in your circle of friends or on adoption sites to see if an attorney can help at a reduced rate. It seems you will need an attorney to help.
I wish you the best.
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I am not sure where to start with adopting, but I do know for a fact that your husband can get your son enrolled in Tricare. He just has to show that he's supporting him as your child.
(my husband just retired from the military, and we saw this ALL THE TIME).
Good luck on the rest of it. :)
I'm also in California and our county family court has a free legal guidance section. You just go, and get in line, and they provide basic legal advice and tell you which forms to fill out. Also, call the local Bar Association for your area and ask for a referral. Your first visit should be free.
Hope these ideas help!!
Oh, can your husbands JAG office provide any guidance?
I am not an attorney, but I've been through the process as the adoptive stepparent. Step-parent adoptions are handled through your county court system.
First, gather all your documentation:
-certified marriage certificate of your marriage to your ex (might have to go to County Hall of Records for this)
-all divorce papers from that marriage (certified copies as well)
-anything related to the child custody/visitation/support (certified if they are official court documents)
-any documented communication between you and your ex regarding support/visitation
-marriage certificate with your current husband (certified copies)
-birth certificates for you, your son and your husband (certified copies)
-draw up a timeline of the major events (marriage to your ex, birth of your son, separation, divorce, any visitation exercised or missed, last contact, all support payments made or missed, marriage to your current husband, etc.)
-draw up written statements by both you and your husband separately, explaining why each of you wish the adoption to happen
-write up a typical daily/weekly family schedule, noting specifically the activities in which your husband is directly caring for and acting in a fatherly role for your son
Go to your closest County Courthouse, and find the Probate Court information/help desk. I know it seems like it should be Family Court, but in our county at least, all adoptions are handled through Probate Court.
At the window, tell them you wish to complete a step-parent adoption "Pro Per" (which means you are completing it yourself rather than using an attorney-- unless you wish to use an attorney, which will cost you, but they will handle everything) and that you need all the necessary forms to file. Then take them home, read them carefully, and take them back to the courthouse completely filled out, with the fees and turn them back in. Some time after that, you should receive in the mail confirmation that your case has been opened and an approximate waiting time before you contacted by the investigator/mediator. For us, it was 18 months, hopefully it will be shorter for you. Once the investigator contacts you, he or she will advise you of any other necessary steps required (providing last known address for your ex-husband, home inspection, interview dates, etc.) Once all the investigation is complete and the mediator submits his/her report to the court, you will be notified of your court date. That's where you show up, the judge reviews the evidence you provided and reads the recommendation in the report and makes the final decision. For us, it was 2 years total between our filing and our final court date, but it was worth the wait. Best wishes.