Legal Question in Family Law in Alabama

step parent adoption?; biological father is a dead beat dad

I was married four years ago, I have two children from a previous relationship both children have the same father. My husband would like to adopt the kids we have not heard from their biological father in almost three years, there is a court order for him to pay support in which he does not do and we have no idea where he is. My kids want to be adopted they want to have the same last name as us I am wondering how I go about doing this I want to know when they are adopted will that automatically change their name or is that an added exspense. Can you please give me some advice on how to go about doing all of this, and with out it costing a lot of money.I would also like to know can I do anything about the court ordered child support that he is not paying without having to pay an attorney or go through DHR, and after my kids are adopted is he still responsible for back child support owed ???


Asked on 10/20/02, 10:03 pm

1 Answer from Attorneys
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: step parent adoption?; biological father is a dead beat dad

Your husband can file for adoption, but you will have to make a reasonable effort to notify the father. If he fails to appear at the hearing, then the Probate judge can go ahead and grant the adoption. The name change can be part of the process. The cost will be determined by the attorney you hire and the location. As far as the child support, you will have to go through the state or an attorney to try to collect. He will still owe the back child support if the adoption takes place, but not any future child support. You need to speak with an attorney in your county as soon as possible.

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Answered on 10/21/02, 11:08 am


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