Legal Question in Family Law in Missouri

My child is 13, and by his father's choice he has not seen him for almost 2 1/2 years & even years ago suggested that my current husband now adopt him as he didn't want to pay support. Now my ex-husband wants to see him, but my son doesn't want to see him. Is he old enough to choose for himself or can he be forced to see him? He pays child support but only because of child enforcement services put him on payroll deduction because he was behind; however, now he is current. My husband & I have discussed step parent adoption, is this the only route to go or will it not matter if my ex-husband decides not to grant it? Can we file ourselves or do we need to retain a lawyer? Do we have to be married a certain length of time to even consider the step parent adoption?


Asked on 3/02/10, 2:47 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

The court has jurisdiction to determine custody issues. Your child does not have the legal right to decide for himeself or herself. If the child's father has legal rights to see the child then your legal duty is to have the child ready to go when it is time. If the father has no specific rights to see the child uner a coiurt order, then the child does not have to go with his or her father. As far as step-parent adoption is concerned, yes, there are time requirements, If you are going to attempt a step-parent adoption I would strongly advise hiring an attorney. This is not the type of thing that people shoudl try to do on their own.

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Answered on 3/07/10, 7:06 pm


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