Legal Question in Family Law in Alabama
Hi. I have a 31-month-old son(2 1/2 years old) whose paternal donor has never been involved. He hasn't been around practically since I conceived. We quit seeing one another before I even found out I was pregnant. When my son was three and a half months old I saw his "father" and told him that I had a baby by him and gave him pictures. I talked to him the following morning about coming to see my son. He seemed like he would like to be involved a first but soon became distant. He has never seen my son other than in those pictures at 3 and a half months of age. About two weeks before seeing the "father" I had started seeing my now fianc�. We have now been together 2 1/2 years. My son knows him as daddy and he has been the perfect example as a daddy. The evening I saw the "father" of my son I asked him if he would have a problem if my now fianc� ever wanted to adopt my son and he said that he wouldnt have a problem with it. Since I saw him that evening, I have not had ANY type of contact with him. He has not been employed to my knowledge since right after I conceived my son. He has a total of 5 children according to him. Three he has never seen including my son, one son by his ex-wife that he has joint custody of but has not seen since before I got pregnant to my knowledge, and a daughter that was born about two months after my son. He lives with his daughter's mother, her son, and their daughter. My question is, can I have his parental rights terminated without involving him? There has not been a paternity test done but I know 100% that my son is biologically his. I do not want child support or him to have visitation rights. My fianc� wants to adopt him and make him legally his son. What is the best way to make this happen? Any advice would be greatly appreciated. Thank you so much in advance!
1 Answer from Attorneys
The proper procedure is to open an adoption case in Probate Court and give notice to the legal father. If he is properly served, at his last known address, and he fails to answer, then you can proceed with an adoption on the grounds of abandonment.