Legal Question in Family Law in Massachusetts
adoption
I am a unmarried father of a seven year old boy. His mother has been married for two years and recently she requested that her husband wants to adopt my son. I have been unemployed for almost 1 year and have fallen behind in child support , we have a child custody agreement which entitles me to have my son every other weekend. I am a legal Alien and recently I have been considering moving back to my country Ireland. I have been keeping in touch with my son weekly via telephone and I intend on paying child support while in Ireland. Can my son's mother seek to have him adopted by her husband without my consent and if so what can I do so this cannot happen. I do plan to travel back and forth to visit him and also would like to be able to have him travel to me during school vacation.
2 Answers from Attorneys
Re: adoption
She can try to adopt the child, but if you continue to have a relationship with the child, it should be very difficult for her to adopt.
Re: adoption
You need to keep her and the Probate Court in the County where she resides aware of your current address by RRR mail so you can prove she knows your current address as she would be required to give you notice of any adoption proceeding to which you would be entited to file your objection. You should also strive to bring your child support current and maintain as active an involvement with the child as possible as those will be crucial factors for a judge to determine whether the best interest of the child would be served by an adoption or not. Feel free to contact me if you have more questions at:
Joseph M. Murray, Esq.
56 North Bedford Street
East Bridgewater, MA 02333-1173
(508) 378-3944
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