Legal Question in Family Law in New Mexico
If my sons biological father is willing to sign his rights over so that my husband can adopt him, how do we go about that? I currently live in New Mexico and him in Wyoming, so which state would it need to go through? He has not been an active participant in his son's life, my son sees my husband as more of a father than his real dad.
1 Answer from Attorneys
There are some legal actins that are entirely conducted as a statute directs. Probate law is one area like that & adoption law is another. That means that when you want to do an adoption you MUST follow the statute precisely. Attorneys are trained in reading the law & following statutes precisely. You could use an attorney from your town but you may have to look in Taos (which may be your nearest bigger town) but you can also use an attorney from anywhere in the state, if you so choose. You want someone who is trained in family law. You can contact the state bar of New Mexico lawyer referral service, look in the yellow pages, or ask friends and acquaintances who they like as an attorney. Because the dad is in Wyoming you can probably have his part done in Wyoming. Because of certain statutory requirements likely the adoption will need to be done in NM. However, after you meet with your attorney he or she will tell you precisely what & how it should all be done. Hope that answers your question.
Good Luck
Law Guru