Legal Question in Family Law in Massachusetts
Step-parent adoption
I have full legal & physical custody of my 7 yr old son. He was born out of wedlock. Child support is being paid after many court visits & now if one payment is missed he will go to jail for 30 days. He didn't see his son for over 3 years. He finally went to court for visitation, he chose to see him only every other week for 2 hours. Then in 2004 after less than 24 hours total of seeing my son he asked if he could give up his parental rights & have my boyfriend adopt him. We went back to court & he said he was sorry he didn't really mean it, then he got 5 hours every other week with my son. It was been consistent for almost 2 years. He is getting married to the mother of his 3 yr old son in June. I am getting married in July but I am moving to NH. My son looks at his biological father as a friend & my fiance as his dad, he see's him more often & has a better relationship. I wasn't going to file anything till early next year but one, would I file for adoption after I am married and in NH or MA, or would I file prior to my marriage? Can he stop me from moving? If it's in the best interest for my son to have my fiance adopt him, will they look at that? There's more behind the story...would I need an attorney for this? Thank you!!!!!!
3 Answers from Attorneys
Re: Step-parent adoption
It is not clear from your post whether your child's father ever gave up his parental rights or not, or if he is willing to do so now.
You should gather all your documentation and make an appointment for a consultation with a family law attorney as soon as possible. It would not be wise to go through this situation without counsel, as there are a variety of serious issues that could drastically affect all of your lives.
Good luck!
Re: Step-parent adoption
You would be well advised to retain an attorney to obtain permission to remove the child from the Commonwealth, which would become a non-issue if the child could be adopted before the move either with or without the biological father's consent. Good Luck!
Re: Step-parent adoption
Whether you were married or not, if there are already orders/temporary or final within the court, you would need to either execute a written agreement between the parties and file it with the court and obtain a court order allowing same.
If there are only temporary orders in place, you can file a motion for modification if not, you need to file a complaint for modification.
Massachusetts General Laws chapter 208, section 30, "which permits the court "upon cause shown" to order that a minor child of divorced parents..."
The case on point is "Yannas v. Forndistoc-Yannas, 395 Mass. 7704, 711-12 (1985) "...evaluation of best interests of the child under Massachusetts Statute, M.G.L.A.c 208, section 30, requires attention to whether the quality of the child's life may be improved by change, including any proof flowing from improvement in quality of the custodial parent's life..."
The court looks at multiple factors: 1. the age of the child (is important); the underlying motive for the move; if a meaningful relationship can continue with the parent remaining behind; will this move benefit the custodial parent; is the move in the best interest of the child, etc, etc.
As to your adoption question and multiple other issues that you refer to, you really should consult with an attorney and provide all facts and documentation. Good luck!
Sincerely, Maria Murber
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