Legal Question in Family Law in Maryland
Child custody to non-bio dad
My wife brought a 5 year old into our marriage. She was never married to his father. The son who is now 7 yrs old, asked for an adoption. He has been (unofficially) using my last name - particularly upon his request after we got married. His bio-dad's exact whereabout is unknown. He is, however somewhere in the same city as we are, Balto. He hasn't paid child support in 3 years and hasn't seen his son in 2 1/2 yrs. We obviously should make this adoption legal. Where should we start. I have my doubts about him consenting. What are the protocols, costs, and how long will the proceeding last. Our first concern is of the child. Thx. in advance for your response(s).
2 Answers from Attorneys
Response to your question regarding adoption in Maryland
Hello. I am an attorney in Baltimore, Maryland, and am writing inreply to your question on lawguru. The law in Maryland provides: "Unless the natural parents' rights have been terminated by a judicail proceeding, an individualmay not be adopted without the consent of ...(2) the natural father."
Further, "adoption will not be granted over parental objection unless it is clearly warranted." DAwson v. Eversberg, 257 Md. 308 (1970).
If the natural father objects, you still have opportunity to bring an actionfor adoption. There are several requirements you must meetto overcome the objection of the natural parent, but if the facts areas you allege in your e-mail, you may be successful.
Your question is not one that cannot be answered by a simple e-mail.Unfortunately, there are many people who have "family law" issues, andthe cases can sometimes get very complex. A few statements of the law, such asI have provided you, may help you to understand what you are up against,but unless you are willing to really devote yourself to this matter, youwill have a very difficult time getting the adoption without an attorney.
I will be glad to talk to you about this further. My personal e-mail address is:[email protected]/410-539-4446
Let me know if I can be of any assistance. You are welcome to see mefor a free consultation. In any event, if you are seriousabout this matter, and it sounds like you are, please seek the advice of a lawyer.
(Just to let you know, I don't just tell everyone to get a lawyer, butin your case, you will definately need one).
In any event, I wish you good luck, and hope it goes as smoothlyas possible.Jamie Marthaler, Esq.
Family Law/Custody/Adoption
Sir:
I can only agree with what Mr. Marthaler has alreadyadvised you: See him or any other lawyer. Based onmy past experiences in handling such cases over the past ten years; I've learned that an attorneyusually spends at least twenty hours of his/hertime in a case such as yours IF IT IS CONTESTEDand includes and actual TRIAL. Good luck toyou.