Legal Question in Family Law in Massachusetts
My child support case is in Rhode Island, but it was agreed after I was granted sole custody of my son, that I could move to Massachusetts to live with my fiance. My sons father just moved to Vermont, where is currently resides jobless and an addict. My special needs son is now 6 years old, and my fiance and I have just bought a house in Massachusetts. My fiance has been a father to my son since he was 2 years old, emotionally and financially. My sons bio father does not pay child support, nor has seen my son in 2 years. My fiance and I feel it would be better, due to my sons special needs, for my fiance to adopt him, so no more harm is done pshycologically to my son. I heard that if the bio dad does not make contact with the child for a certain period of time, it is grounds for adoption. Is this true? Is there anyway I can start this process by myself, without hiring a lawyer? Money is truely strapped, but this is an issue that has been haunting me for some time now.
Thank you for your help!
1 Answer from Attorneys
Thank you for yoru question.
I think it is wonderful that your fiance wishes to adopt your son.
In Massachusetts, this type of adoption is referred to as a co-parent, or step-parent, or second-parent, adoption. Although it sounds like you and your fiance have plans to marry, being married is not a requirement to adopt in Massachusetts.
In order for your fiance to adopt your child, the child's biological father will either need to surrender the child for adoption, or his rights will need to be terminated by the Court. Once the biological father is notified of the proceedings, he will either ignore it or he will contest it. If he contests the adoption, then the court will need to find that he is unfit to parent. This is a very difficult standard, and the mere passage of time will probably not be sufficient.
I truly would not recommend this process - especially where the child's father may be less than cooperative and hard to deal with - without an attorney.
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