Legal Question in Family Law in Massachusetts

I have a 7 yr old daughter her father lives in another state has seen her twice in 7 yrs. Her father would like to sign his rights over to me and my fiance. Is that something that could happen? We live in Mass. Im not sure where to start


Asked on 3/10/11, 5:59 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Our firm represents clients throughout Massachusetts in all forms of adoption, including step-parent adoption (also call co-parent or second-partent).

If your fiance is interested in establishing a legal and permanent parent-child relationship with your daughter, and the daughter's father will consent, you should be able to bring an uncontested petition for adoption without too much trouble.

I recommend that you retain an attorney to assist you in filing your petition and all of the related paperwork in the county where you and your daughter currently reside. There is no requirement in Massachusetts that a couple be married in order to adopt. There is no filing fee for adoption, and your attorney can bring motions before the court to waive some of the most costly and time-consuming requirements of traditional adoption, such as a home study and other requirements.

During the adoption process, the parental rights of the father will be terminated - in this case by his filing an adoption surrender form. The father's obligation to support the child will cease with the finalization of the adoption by you and your fiance. However, he is not relieved of his prior child support obligations, including child support arrears, which you would still have the right to pursue on behalf of your daughter if you wished.

If all parties are interested, a post-adoption visitation order can be requested from the court which would provide the daughter's father with some court ordered visistion time.

Don't hesitate to give us a call to discuss your options.

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Answered on 3/10/11, 6:46 pm


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