I am a single mother with a 5-year-old son. My ex and I have never been married. My son's biological father has never given me financial support, with the exception of me forcing him to pay half of my son's preschool fees for one season. Besides that, I have not received any regular child support payments from him for these past five years. It has been extremely difficult getting my ex to make an initiative with financial support and seeing my son. My ex does not see my son at all and makes no initiative to see him. Also, my ex's name appears on my son's birth certificate. I have started a new relationship and we have been together for more than a year. My current partner has voiced his intentions to adopt my son in the future and move us to another province to live with him. Now, my question is how does the step-father-adoption process work and what do I need to consider with wanting to move with my son to another province?
Province/Territory relating to question: British Columbia
Speaking to a lawyer about custody and access regarding the biological father.
Adoption is a concept that is often misunderstood. It needs the consent of the father at this stage and is not necessary in most cases.
Your present partner becomes a "parent" just by being one for two years.
Adoption, even if it is possible, just relieves your ex of all responsibility which is not in the best interests of your child at this point. Sad that he pays no attention but he still has to pay child support to you based upon his income regardless.
Have you made a child support application?
Back in a moment.
The concepts conflict. If your new partner adopts (which I do not think possible), then Dad is out and forever. I am extremely worried that this man wants to adopt and you are not married.
But, we for now need to get a child support order so the father pays.
One day, he might grow up. For now, a monthly payment is best. Child support is not your money. It is the child's money. A parent has no right to bargain away that child's money.
You should apply for support. It is not a difficult thing to do.
I will help. But adoption is not a great idea at this time.
What would you like to advise you on?
But, he does not have to and he cannot without the agreement of the biological father.
He is DAD in every legal way especially if you get married.
Get support is my opinion. Why do you not?
He has proven no interest. There is no link between paying and access. Paying is a clear responsibility. It does not buy access.
Access is about the relationship and the ability to be a positive influence on the child. They are completely separate. If he never sees the child, he still must pay for what he brought into the world.
There is no relationship. He cannot buy access. He must prove worthy. The child on the other hand has a right to be supported.
On your facts, probably not much. Without any interest in the child, the natural father would have no hope to stop movement to Alberta. But, he still has to pay support and you will get an order easy and then pass it off to Family Maintenance Enforcement and they will collect no matter where you are in Canada.
All you have to do is go to a Provincial Court Registry and ask for child support. They will not give legal advice but will help you fill out the forms. You get a support order without a lawyer needed and the give the order to FMEP and move.
It is really clear cut. He pays first. That is your child's right.
He becomes a step father by becoming one. If married, your child becomes a child of the marriage.
He is Dad by sticking around for two years or by marriage.
If you never get married and he sticks around and then you break up, you child is entitled to support from both.
I think I have answered all. Do you need more info or can I retire?
You do not need a passport to move between BC and Alberta.
If you need a Passport to travel outside of Canada, there are methods of getting one when the person on the birth certificate is not involved in the child's life. As between provinces, no ID is required for a 5 year old.
Just protect yourself and never believe everything you hear from anyone. I am a great fan of the phrase "If you love me...put it in writing" :)
Good on ya mate.
Please look for me again if you wish and consider accepting my answer for my time with you.
I hope the best for you and your child and your new partner. I even hope Dad wakes up.
Called to the Bar of British Columbia in 1991