How does a stepparent adoption work if there has been no contact with the father?

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My fiance wants to adopt my son after we're married and change his last name. My son carries my last name. I was never married to his legal father and there has been no contact or support in four years and there is no custody arrangement. The legal father was convicted of child molestation about three years ago and was only given five years of probation. Does my son's father have to consent to the adoption? Can I claim abandonment?

Attorney Answers

3
Mark Campbell ·
You can probably claim abandonment. The child molestation conviction may be enough to terminate the father's parental rights. The problem for you is you must wait 6 months after you get married before the judge can order the adoption.
0 upvotes
Christine Hendrix ·
A stepparent adoption is much easier If the biological father consents. If he will not consent, then you must prove that he has substantially abandoned or neglected the child for the six month period preceding the filing. He may be willing to consent if he realizes that he will no longer be required to pay child support or, if he has not been paying, that you can file for current and back support. Please schedule a consultation with an experienced family law attorney who regularly practices in the county where you reside, to discuss the specific facts of your case and when you may be able to file.
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Chelsea Merta ·
Please confer with an experienced family law attorney who practices in your area regarding a stepparent adoption. Without the father’s consent, the process can become very complicated and you and your child will be best served by having legal representation on this matter
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