Legal Question in Family Law in Massachusetts

Husband wants to adopt stepson

My husband and I have been together for 6 1/2 years, we have two children together, and my son from a prior marraige. My ex was arrested for 2 counts of injury to a minor in 1991,on my son. He hasn't seen or spoken to my son in 7 years, and has never supported him in any way. My husband has paid for all expenses, including private school, and has physically and emotionally been my sons father since the day we met. If I had to get ''permisson'' from my ex for my husband to adopt my son, he would suddenly try to become a father to my son. This man has said he would kidnap my son and I would never see him again. Given the circumstances, how can we proceed with legal adoption? What legal rights does my husband have?


Asked on 2/23/01, 3:22 pm

1 Answer from Attorneys
William St. James William St. James, Attorney At Law

Re: Husband wants to adopt stepson

Your former husband must be given notice of the

adoption petition. The statute requires it.

If the kidnap threat was recent you can protect

your son with a restraining order under MGL

Chapter 209A.

Another consideration is the support issue. You

don't indicate why support hasn't been paid, or

whether there is a support order in effect. If

there is a support order, your former husband

would not have to pay if the child were adopted.

That may be some incentive for him to agree to

the adoption.

Obviously, the greater good would come from your

husband to adopt this child. You shouldn't let

fear of your ex stand in the way.

Good luck.

Bill St. James

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Answered on 4/05/01, 6:41 am


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