Legal Question in Family Law in Missouri

My husband and I have been together for 4 years, and married almost 1 year. He has two children from a previous marraige that I would like to adopt in the state of missouri. The childrens biological mother left them after the second child was born. She had court ordered supervised visitation but repeatedly missed visitation. She quit all communication when the youngest child was 10 months old. She has made very sporadic child support payments, the last of which was a $12.00 payment. Do we need to show proof of abandonment in order to proceed with the adoption process.


Asked on 5/02/12, 11:17 am

2 Answers from Attorneys

Anthony Smith LawSmith

You cannot adopt, untilthe biologicalother's parental rights are terminated. She may agree to it, as the adoption would also terminate her duty to provide support. There are some criteria you will have to meet. You and your husband shoudl consult directly with an adoption attorney in your area. They can explain the procedure, and aything about the facts of your stepchildren's lives that ight alter the hoops you would have to go through. Many attorneys offer a free or low cost initial consultation.

Good luck

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Answered on 5/02/12, 2:09 pm
Michael R. Nack Michael R. Nack, Attorney at Law

No, you do not have to prove "abandonment." I would repeat the advice given by Anthony Smith. Hire an attorney in your area who can assist you in seeking a step-parent adoption. It sounds like the biological mother might consent to it in order to get out from under any child support obligation.

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Answered on 5/06/12, 7:34 pm


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