Legal Question in Family Law in Missouri
step parent adoption
i just recently got married and my husband wants adopit my son what steps do we have to take? the father of the child has nothing to do with him, but he pays child support.my son has my maidden name and im the only one on his birth certifcate. so what do we have to do?
1 Answer from Attorneys
Re: step parent adoption
If the biological father consents to the adoption, then the process will be much easier. If he does not, then there will have to be an Order from the court terminating his parental rights before there can be an adoption. That is if paternity is not an issue.
If you believe the biological father consents, then you can use one of the form Consent letters. If you are unsure if he will consent, then be aware that your asking might trigger a Custody battle from him.
You mentioned that there is no specific indicia of paternity, except the child support payments. Is this Court ordered support? If so, then paternity hmay have already been established.
Regardless of paternity, you will have to publish Notice in a "legal" newspaper. I always suggest that parents consult with an attorney who has access to all of the information and can ask questions, before starting the process on their own.
You have done well to consult this listserve. However, yours is s situation where you need to get live consultation.
Good Luck