Legal Question in Family Law in Oregon

Step Parent Adoption with special circumstances

I have been divorced from my ex since 2003. We have a nine year old little girl and I have full legal custody. I remarried an excellent man in 2004, whom my daughter adores and would very much like to be legally adopted by. Here are the special circumstances: My ex is a Sex Offender (Misdemeanor III Sex Abuse of a minor, stranger to stranger contact) who has been in the system since 1999. He reoffended again in 2006 (if you live near Portland you may remember a mall stalker that was writing down descriptions of young girls at nearby malls & following them home... that was him) and pleaded out for a year in jail for failure to register as an offender. He is over $7,500 in arrears for child support, and hasn't had visitation with her since July 2006 (his visitation rights were revoked in Sept. 2006). He is now a transient somewhere in the city, though if necessary I COULD contact him through family members. My new husband & I just paid off $10,000 of collections in his name. He adamantly refuses to sign over his rights as a bio-father to allow my husband to adopt. What recourse do we have to try to bring about an adoption? Do we need representation in court or is this a situation where we can represent ourselves? HELP!


Asked on 10/21/07, 12:59 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Step Parent Adoption with special circumstances

QUESTION:

What recourse do we have to try to bring about an adoption?

ANSWER:

You need to file a petition with the court for stepparent adoption. You do not need consent from your ex-husband (child's present legal father) to do this. Petition must contain certain allegations explaining why it is in the best interests of the child that the adoption be granted notwithstanding the lack of father's consent and irrespective of any objections he may have.

QUESTION:

Do we need representation in court or is this a situation where we can represent ourselves?

ANSWER: Given the facts and circumstances you described, you MUST retain the services of a lawyer. This NOT something you can or should attempt to handle on your own. Far too much is a stake. Don't skimp when it comes to the future safety, security and welfare of your child. (Consider the attorney fees as simply being an investment in your child's future happiness (and your own as well).)

Email me and I will give you the names of the lawyers you should contact.

[email protected]

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

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Answered on 10/21/07, 5:31 pm


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