Legal Question in Family Law in Minnesota
the father of my child hasn't been around for 7 years and i haven't seen child support since aug. 2008. i'm married now and my husband has been raising my child with me for 7 years. my husband and i want my husaband to adopt my child. do i have the right to claim abandonment or do i need to take him to court
2 Answers from Attorneys
Petitioning for abandonment may not be necessary. You may just be able to proceed with the adoption after checking with the father. I am guessing the father is going to be more than willing to sign off on the adoption. An attorney with knowledge situation will be able to provide a comprehensive legal opinion and properly prepare your case. I can only provide a short general response that may or may not accurate in your specific situation depending on many other facts that have not been disclosed in your question.
You may seek an agreement to terminate parental rights and seek a step parent adoptoin. In the absence of an agreement, you may Petitoin ther Court for a Termination ofparental rights. If contested, a trial would be required on the issue.
Once parental rights are terminated, any obgoing child support obligation also ends. However, any arrears accrued remain payable.
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